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(영문) 광주지방법원 2020.11.10 2020노1556
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Article 155 of the Rules 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 shall specify any of the reasons for appeal listed in Article 361-5 of the Criminal Procedure Act.

Therefore, if a mistake of facts is asserted as a ground for appeal, the ground for misconception of facts, and if the legal principle is the ground for appeal, the judgment of the court below should be specified.

B. On June 23, 2020, the Defendant filed an appeal against the lower judgment, and the petition of appeal does not contain any grounds for appeal.

In addition, the defendant's state appointed defense counsel submitted the statement of grounds for appeal on August 10, 2020, and the above statement of grounds for appeal only states that "the defendant files an appeal on the grounds of fact-finding, misunderstanding of legal principles, or unreasonable sentencing," but does not state any specific grounds for appeal.

C. The Defendant’s state appointed defense counsel appears to have submitted the instant appellate brief without any interview with the Defendant because it does not contact with the Defendant. The phrase “fact-finding person” and “legal scenario” in the instant appellate brief alone cannot be seen as the grounds to deem that the lower judgment erred by misapprehending the facts, and as such, it cannot be seen that the allegation of mistake of facts and misapprehension of legal principles stated in the instant appellate brief constitutes legitimate grounds for appeal.

However, the argument itself is that only the argument that the court below's punishment (fines 5,00,000) imposed on the defendant is too heavy is a legitimate ground for appeal.

2. The judgment does not seem to have shown that the Defendant committed the instant crime under the accurate perception of the substance and resistance of the Bophishing crime.

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