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(영문) 인천지방법원 2012.12.13 2012노2508
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Judgment on the appeal by the defendant

A. According to the provisions of Article 361-2 (2) of the Criminal Procedure Act, if a defense counsel is appointed before the notification of the receipt of the trial records, the court of appeals shall order the defense counsel to notify the notification of the receipt of the trial records. Thus, if a defense counsel is appointed after the notification of the receipt of the trial records to the defendant, it is not necessary to give the same notification to the defense counsel again. The same applies to the case where the appellate court revokes the appointment of a defense counsel by the defendant and the defense counsel after the notification of the notification of the receipt of the trial records to

(see, e.g., Supreme Court Order 2006Mo623, Dec. 7, 2006). (B)

However, according to the records of this case, although the defendant filed an appeal against the judgment below on August 17, 2012, the petition of appeal did not contain the grounds for appeal, and each notification of the receipt of the notification of the trial record was served on September 6, 2012 to the defendant's public defender appointed by the court of the competent trial. The defendant revoked the decision to appoint a public defender on September 19, 2012, and the defendant's private defense counsel filed the statement of reasons for appeal on September 28, 2012. According to the aforementioned legal principle, it is apparent that the grounds for appeal submitted by the defendant's private defense counsel was submitted after 20 days from September 6, 2012 when the defendant or public defense counsel received the notification of the receipt of the notification of the grounds for appeal, and it is not possible to find any grounds for ex officio examination even after examining the records of this case.

C. Therefore, pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, the defendant's appeal of this case shall be dismissed by decision.

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