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(영문) 서울중앙지방법원 2016.07.05 2016노1684
절도등
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant filed an appeal against the lower judgment on May 10, 2016, the Defendant did not submit a statement of grounds for appeal within 20 days from the receipt of the records of trial by this court, even after receiving a notice of receipt of the records of trial on June 1, 2016, and the petition of appeal does not contain any grounds for appeal, and there is no ground for ex officio investigation on the records, and thus, the Defendant’s appeal pursuant to Article 361-4(1) of the Criminal Procedure Act is dismissed, and the decision is delivered as indicated in the order [the Defendant was subject to a decision to appoint a national defense counsel on May 30, 2016, and the national defense counsel was served on June 3, 2016, but the notice of receipt of the records of trial was accepted on June 13, 2016, and the decision to appoint a national defense counsel was revoked on June 14, 2016.

On June 27, 2016, the defense counsel submitted a written reason for appeal.

However, the period for submitting an appeal in this case, in which a private defense counsel is appointed after the defendant was notified of the records of trial, shall be calculated from the date on which the defendant received the notice of receipt of the records of trial (see Supreme Court Decisions 96Do166, Sept. 6, 1996; 2010Mo1741, May 13, 201, etc.). Therefore, the grounds for appeal filed on June 27, 2016, supra, is submitted after the lawful period expires).

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