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(영문) 수원지방법원 2016.11.25 2014노1842
사기등
Text

The judgment of first instance, second instance, third instance, and fourth instance, all convictions shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s appeal 1) 1) The first instance judgment of unfair sentencing: The first instance court’s sentence (one year of imprisonment) of unfair sentencing is too unreasonable. [A private defense counsel of the Defendant was received money from the victim W, X, and Y without the criminal intent of deceiving the Defendant, on the first trial date of the first instance trial, and thus, there was an error of misunderstanding the facts in the first instance judgment.

With respect to those other than the grounds for ex officio investigation, the court of appeals may be judged only when they are entered in the petition of appeal or are included in the grounds for appeal submitted within the prescribed period, but it is not exceptionally included in the grounds for appeal, limited to

A judgment may be rendered ex officio.

(See Supreme Court Decision 98Do1234 delivered on September 22, 1998. Where a defense counsel is appointed after the defendant received the notification of the receipt of the trial records, it does not need to give the same notification again to the defense counsel. This same applies where the appellate court appoints a public defender, and the defendant revokes the appointment of a public defender following the appointment of a private defense counsel after the defendant received the notification of the receipt of the trial records. In such a case, the period for submitting the statement of grounds for appeal shall be

(2) According to the records, the Defendant submitted a petition of appeal that does not state the grounds for appeal on March 21, 2014, and received the notification of the receipt of the trial record from this court on April 21, 2014, the Defendant’s public defender was appointed as of April 22, 2014 and received the notification of the receipt of the trial record on the same day; the Defendant’s public defender submitted the grounds for appeal stating unfair sentencing as the grounds for appeal on May 9, 2014, when the period for submitting the statement of grounds for appeal was within the period for filing the statement of grounds for appeal; and the Defendant’s public defender submitted the grounds for appeal on August 27, 2014, when the Defendant’s public defender was the private defense counsel.

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