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(영문) 의정부지방법원 2018.06.11 2017노3567
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and four months of imprisonment) is too unreasonable.

[Defendant’s defense counsel added to the reasoning of the appeal on March 23, 2018, stating that “The court below’s judgment that recognized the amount of damage in the case No. 2653, which was about KRW 15 million, was erroneous in the misapprehension of the facts,” and the Defendant and the defense counsel maintained the aforementioned assertion of mistake on the first trial date.

However, if a private defense counsel is appointed after the defendant was notified of the records of trial, it is not necessary to give the same notice again to the private defense counsel, and even when the period for submitting the statement of reasons for appeal is calculated from the date when the defendant was notified (see, e.g., Supreme Court Decisions 361-2(2) of the Criminal Procedure Act and 96Do166, Sept. 6, 1996). According to the records, the defendant appealed on November 28, 2017 and appealed on November 30 of the same year after he was sentenced to one year and four months to the court below on November 28, 2017; 2) the trial court appointed the defendant's national defense counsel on December 20, 2017; 3) the defendant was given notice to the national defense counsel on December 22, 2012 of the same year; 4) the defendant submitted the statement of reasons for appeal to the court below on December 4, 2018.

3. 23. Inasmuch as the submission of a statement of reasons for appeal containing a mistake of the above facts can be recognized, the period for submission of the written reasons for appeal of this case is calculated from December 21, 2017 upon receipt of the notice of receipt of the records of trial. The allegation of mistake of the above facts is a new argument that was newly raised after the lapse of 20 days from the above point, and cannot

B. A. H.D. ex officio.

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