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(영문) 제주지방법원 2019.08.22 2019노35
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. According to the records in this case, the Defendant did not submit the statement of grounds of appeal within 20 days after filing an appeal against the lower court on January 3, 2019, even if he was notified of the receipt of the trial record by this court on January 25, 2019, and the petition of appeal does not contain any statement of grounds of appeal in the petition of appeal.

However, although the order of training of public-service advocates appointed by the defendant as defense counsel at the court below filed an appellate brief with this court on January 21, 2019, the effect of the appointment of defense counsel is limited to the corresponding court (Article 32(1) of the Criminal Procedure Act). Thus, the appellate brief submitted by the order of training of public-service advocates who did not separately submit a written appointment of defense counsel after the decision of the court below is delivered

(see Supreme Court Order 69Mo68, Oct. 4, 1969; Supreme Court Order 2017Mo1377, Jul. 27, 2017). A public-service advocate training order submitted a defense counsel’s statement attached to the Defendant’s letter of appointment of counsel on July 16, 2019, but thereby, a legitimate ground of appeal was filed within the appellate period.

(1) The grounds for appeal on January 21, 2019 cannot be seen as having been retroactively effective, and there is no reason to reverse the judgment of the court below ex officio, even after examining the records.

2. The appeal by the defendant is to be dismissed by ruling pursuant to Article 361-4(1) of the Criminal Procedure Act because the grounds for appeal by the defendant are not submitted within the statutory period. However, the appeal by the defendant is dismissed by judgment as long as it has gone through pleadings.

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