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(영문) 서울중앙지방법원 2017.02.02 2016노3470
사기
Text

The defendant's appeal is 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 must submit a statement of reason for appeal to the appellate court within 20 days from the date on which the receipt of the records of trial is received” and Article 361-4(1) provides that “if the appellant or defense counsel fails to submit a statement of reason for appeal within a legitimate period, the appellant or defense counsel shall dismiss the appeal by decision.”

Provided, however, Article 364(1) provides that “The appellate court shall judge the grounds included in the grounds for appeal,” and Article 364(2) provides that “The appellate court may render ex officio a judgment with respect to the grounds that affect the judgment, even where the grounds for appeal are not included in the grounds for appeal.”

According to the above provisions, the scope of the appellate court’s trial is limited by the statement of reasons for appeal submitted by the defendant or his/her defense counsel within the statutory period (see Supreme Court Decision 2015Do1466, Apr. 9, 2015, etc.) unless the matters to be examined ex officio or ex officio are judged on the grounds affecting the conclusion of the judgment (see, e.g., Supreme Court Decision 2015Do1466, Apr. 9, 2015). The foregoing reason for appeal is mandatory, and the period for submission of the appeal is limited, and if the appeal is not implemented, it is limited

On the other hand, Article 155 of the Regulation on Criminal Procedure must clearly state the grounds for appeal and the contents of the answer in detail.

The grounds for appeal should specify in detail what reasons for appeal listed in section 361-5 of the Criminal Procedure Act exist.

In other words, the judgment of the court below is based on a misunderstanding of legal principles.

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