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(영문) 의정부지방법원 2020.06.18 2019노457
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Although the Defendant filed an appeal against the lower judgment on February 11, 2019, on which February 11, 2019, the lower court did not state the grounds for appeal in the petition of appeal, and on February 26, 2019, the Defendant did not submit the statement of grounds for appeal within 20 days, which was the deadline for submitting the statement of grounds for appeal, even if the Defendant

The grounds for appeal filed on May 28, 2020 by a public defender appointed ex officio by this court is unlawful, since it was filed after the deadline for submitting the grounds for appeal on May 28, 2020, not in cases where a public defender should be appointed pursuant to Article 33(3) of the Criminal Procedure Act, but in this case, the grounds for appeal filed by the public defender on May 28, 2020

On the other hand, even if examining the record ex officio, there is no reason to ex officio investigate the judgment of the court below, including the amount of punishment imposed.

Therefore, the appeal by the defendant should be dismissed by decision in accordance with Article 361-4(1) of the Criminal Procedure Act, but as long as the appeal by the prosecutor against the defendant is ruled as follows, the appeal by the defendant shall not be dismissed by a separate decision, and the appeal by the defendant

2. Determination on the prosecutor’s appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

B. There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted in the judgment party, and the sentencing of the lower court is not recognized to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unhutiled, in full view of all the sentencing grounds stated by the lower court.

The prosecutor's above assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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