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(영문) 서울남부지방법원 2020.01.14 2019노1955
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Even if the Defendant appealed against the lower judgment and received the notification of the receipt of the trial record from this court on October 2, 2019, the Defendant did not submit the statement of grounds of appeal within the submission period for the statement of grounds of appeal, and the petition of appeal does not contain any grounds of appeal.

Meanwhile, on October 14, 2019, the Defendant filed a report on the appointment of a legal representative as a defense counsel, and the defense counsel submitted the legal representative’s statement of grounds for appeal on November 4, 2019, stating that the legal representative is erroneous and unreasonable. However, where a defense counsel is appointed after the Defendant received the notification of the receipt of the trial record, it is unnecessary for the defense counsel to receive the notification of the receipt of the trial record again, and the period for submitting the statement of grounds for appeal is calculated from the date when the Defendant received the notification (see Supreme Court Decision 96Do166, Sept. 6, 1996). The Defendant’s defense counsel’s argument in the above statement of grounds for appeal is submitted after the deadline for submitting the statement

[Attachment, even if the defendant, who was appointed after the defendant received the notification of the receipt of the trial record, again received the notification of the trial record, the period for submission of the grounds for appeal shall be calculated from the date when the defendant received the notification of the receipt of the trial record (see Supreme Court Order 2010Mo1741, May 13, 201). Further, the defendant's defense counsel added to the defendant's defense counsel's assertion that "the defendant's intention is dismissed" while submitting his/her counsel's opinion on December 11, 2019, after the deadline for submission of the grounds for appeal has expired. However, this assertion also

(see Supreme Court Decision 201Do466, Mar. 10, 2011). However, insofar as a ground for reversal is reversed on the ground of ex officio reversal in the lower judgment, the Defendant’s appeal is dismissed on the ground of failure to submit the appellate brief within the period for submission of the appellate brief.

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