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(영문) 울산지방법원 2016.07.21 2016노495
농업협동조합법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. A person who has filed an appeal against a defendant shall submit a statement of grounds for appeal to the appellate court within 20 days from the date he/she received the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and if the statement of grounds for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the Criminal Procedure Act). According to the records, the defendant’s defense counsel was served with each court on April 18, 2016 after filing an appeal against the judgment of the court, and only his/her defense counsel submitted the reason for appeal to this court on May 17, 2016, even if the defendant was served with a notice of receipt of the records of trial by each court on April 22, 2016. The reason for filing an appeal on May 17, 2016 is clearly stated as 20 days in the period for submitting the above statement of grounds for appeal and its allegation is not clearly stated in the statement of grounds for appeal.

Even if this is included in the judgment of this court, the following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① the Defendant’s line and line of bags containing money to L was a parking lot outside the funeral hall, not a funeral hall; ② consistently linen with the Defendant’s line and line of bags at least KRW 300,000 or KRW 500,000,000 were the same.

진술하고 있는 점, ③ 피고인은 1만 원권 5 장이 들어 있는 울산 남부 경찰서 야음 지구대 등이 인쇄된 봉투를 L에게 건넸다고 진술하고 있으나, L은 피고인이 건넨 봉투는 보통의 흰색 봉투라고 진술하고 있고 봉투를 건넨 장소와 시각에 비추어 L이 봉투의 외관을 착각하였을 가능성은 낮아 보이는 점, ④ 피고인이 L을 찾아 가기 전 여러 차례 G의 휴대전화로 연락하였고, L에게 봉투를 전달하지 못하게 된 후에도 곧바로 G의 휴대전화로...

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