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(영문) 광주지방법원 2018.07.25 2018노889
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

evidence of seizure in 2018 Jin 332.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: the imprisonment of 10 months, and the second instance court: the imprisonment of 1 year) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Ex officio determination

A. As to the failure to submit a statement of reason for appeal, where there is no defense counsel appointed at the appellate court after the national defense counsel was selected, the appellate court shall, without delay, ensure that the national defense counsel can prepare and submit a statement of reason for appeal for the defendant within the prescribed period calculated from the date his/her defense counsel was notified of such fact, and protect the defendant's right to receive assistance from the defense counsel (see Supreme Court Decision 2010Do3377, May 27, 2010). Meanwhile, even if the defendant and the national defense counsel fail to submit a statement of reason within the statutory period, unless the reason for appeal is clearly revealed, the appointment of the national defense counsel is revoked and new national defense counsel is selected, and the new defense counsel is notified of the receipt of the records of trial for the case, so that the new defense counsel is not required to submit the statement of reason ex officio within the statutory period, and the defendant is not required to receive the statement of reason for appeal within 108Mo184, Feb. 16, 2012).

On the other hand, in the case of No. 2018No. 889 against the defendant, the court did not have a defense counsel during the trial by selecting the attorney-at-law as the defense counsel of the defendant in the case of 2018 No. 1573.

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