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(영문) 서울고등법원 2014.09.04 2014노863
강도상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

After receipt of the notification of receipt of notification of the receipt of trial records on April 7, 2014, the defendant's defense counsel for mistake of facts alleged "the mistake of facts" and "dual unjust acts" as the grounds for appeal in the statement of grounds for appeal submitted to the court on April 18, 2014. However, on May 9, 2014, the defendant's defense counsel for the defendant appointed on May 3, 2014, stated on June 3, 2014 that "the part concerning the grounds for appeal submitted by the public defender was withdrawn from mistake of facts." The defendant's defense counsel stated on July 8, 2014 that "the statement that the part concerning mistake of facts is withdrawn on the second trial date is the purport that the charges recognized by the court below are the time limit."

On July 18, 2014, the private defense counsel of the defendant submitted to this court a summary of the oral argument stating that "the defendant does not have any fact of drinking the victim, and considering the fact that the victim's diagnosis is two weeks, the defendant's father does not constitute an injury to the crime of robbery." On July 21, 2014, the defendant's father who is the defendant's father submitted to this court the statement of opinion stating that "the defendant tried to steal only the victim's bank, but the victim was defended against one another in order to escape the victim from arrest at his own resistance, and the defendant did not have any address such as inside the house, etc. at the time of drinking, and later the defendant's private defense counsel resigned."

On August 18, 2014, the private defense counsel of the newly appointed defendant submitted a statement of grounds for appeal filed by the previous public defense counsel to this court on April 18, 2014, a summary of the oral proceedings filed by the previous private defense counsel on July 18, 2014, and a statement of grounds for appeal disputing the same purport as the statement of opinions submitted by the defendant's father on July 21, 2014, which was submitted by the previous private defense counsel to the court, and the judgment of the court below continues to be erroneous until the closure of the trial at the trial at the

A person who has filed an appellate brief shall be the appellate court.

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