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(영문) 청주지방법원 2014.02.14 2013노981
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Ex officio adjudication;

A. According to Articles 361-2 and 361-3(1) of the Criminal Procedure Act within the scope of trial of this court, when the appellate court has received the records, it shall immediately notify the appellant and the other party thereof, and when there is a counsel appointed before such notification, the appellant or the defense counsel shall also submit the statement of grounds for appeal, and where there is a counsel appointed after the notification of the receipt of the notification, it does not need to further notify the counsel thereof (see, e.g., Supreme Court Decision 96Do166, Sept. 6, 1996). The same applies where the appellate court appoints a public defense counsel and revokes the appointment of a public defense counsel due to the appointment of the defendant and his defense counsel after the notification of the receipt of the notification of the records of grounds for appeal. In such cases, the period for submitting the statement of grounds for appeal shall be calculated from the date the public defense counsel or

(2) According to the records, the Defendant filed an appeal against the lower judgment on November 18, 2013 (see, e.g., Supreme Court Decision 2006Do5547, Mar. 29, 2007). However, even though the Defendant filed an appeal against the lower judgment on November 11, 2013, the petition of appeal does not indicate the grounds for appeal; the receipt of the notification of the receipt of the notification of the notification of the receipt of the notification of the trial by this court is served on the Defendant on December 20, 2013; the Defendant’s defense counsel appointed by this court was served on December 23, 2013; however, the Defendant appointed a private defense counsel on December 24, 2013 (the decision to appoint a public defense counsel was revoked accordingly) and only the said private defense counsel was presented to the court of the lower court on January 18, 2014.

In light of the aforementioned legal principles, the following are stated in the statement of grounds for appeal filed by the defendant's private defense counsel on January 18, 2014, after the deadline for filing the grounds for appeal of this case was too excessive.

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