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(영문) 인천지방법원 2019.08.09 2019노33
특수재물손괴등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Scope of the judgment of this court;

A. Article 361-3(1) of the Criminal Procedure Act provides that "the appellant or defense counsel shall submit a statement of grounds for appeal within 20 days from the date on which he/she received the notice of receipt of the records of trial to the appellate court" and Article 361-4(1) provides that "if the appellant or defense counsel fails to submit the statement of grounds for appeal within a lawful period, the appeal shall be dismissed by decision: Provided, That this shall not apply where any ground for ex officio exists or the petition of appeal contains any reason for appeal." Article 364(1) provides that "the appellate court shall judge any reason included in the grounds for appeal," and Article 364(2) provides that "the appellate court may decide ex officio on the grounds that affect the

According to the above provisions, the scope of the appellate court’s trial is limited to the grounds for appeal filed by the defendant or his/her defense counsel within the statutory period, unless it is decided ex officio on any matter to be examined ex officio or on any grounds affecting the conclusion of the judgment (see, e.g., Supreme Court Decision 2015Do1466, Apr. 9, 2015). Such obligation to submit the grounds for appeal shall be limited, and the submission period shall be limited, and the decision to dismiss the appeal shall, in principle, belong to the structure of the appellate court, and shall be for the operation of the appellate trial promptly

On the other hand, Article 155 of the Regulation on Criminal Procedure provides that "The Reasons for Appeal or the Answer shall clearly state the reasons for appeal and the contents of the answer in detail." The Reasons for Appeal should specify any of the reasons for appeal listed in Article 361-5 of the Criminal Procedure Act.

In other words, the judgment of the court below is the ground for appeal.

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