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(영문) 창원지방법원 2020.07.23 2020노191
사기등
Text

The judgment below

Among the accused, the part of the guilty and the part of the bodily injury caused by violence shall be reversed.

Reasons

1. The judgment of the court below regarding Co-defendant C and B is excluded from the scope of the judgment of the court below, since the part concerning Co-defendant C and B is separated and confirmed without appeal.

In addition, since the part of the judgment of the court below against the defendant was not appealed by the prosecutor, it is also excluded from the scope of the judgment of this court.

Therefore, the scope of this court's trial shall be limited to the part of the judgment of the court below's conviction and acquittal.

2. Summary of grounds for appeal;

A. Although the defendant submitted a petition of appeal on January 7, 2020, the defendant did not file the appellate brief within the lawful period for submission of the notification of the receipt of the trial records on February 5, 2020, and the petition of appeal does not contain any indication of the grounds for appeal in the petition of appeal.

Although the defendant has indicated the misunderstanding of facts in the petition of appeal submitted by the defendant, in light of the fact that Article 155 of the Regulation on Criminal Procedure provides that "the grounds for appeal shall be clearly and explicitly stated in the petition of appeal," it shall not be deemed as a legitimate entry of the grounds for appeal if only the same is indicated in the item "the grounds for appeal" and the specific reasons are not stated in the petition of appeal.

(2) The Defendant filed a written appeal on April 14, 2020, when filing the written appeal, and the state appointed defense counsel filed the written appeal on May 8, 2020. However, the Defendant and the defense counsel filed the written appeal on January 8, 2020, when filing the written appeal, and filed the written appeal on May 8, 2020. However, the Defendant and the defense counsel asserted that there was no special injury to C due to a special injury to the Defendant under subparagraph 208 of Article 2019 Godan208 of the lower judgment in the written application for the written application for the written appeal, the Defendant and the defense counsel filed the written appeal on May 8, 2020.

The above assertion is a legitimate ground for appeal since it was filed after the deadline for submitting the grounds for appeal.

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