사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal (eight months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, Article 33(2) of the Criminal Procedure Act provides that “Where the defendant is unable to appoint a defense counsel for poverty or any other reason, the court shall appoint a defense counsel if the defendant's request is made.”
Article 17(3) of the Regulation on Criminal Procedure provides that “When a request for the appointment of a national defense counsel is made pursuant to Article 33(2) of the above Act, a national defense counsel shall be appointed without delay. Meanwhile, Article 38 of the same Act provides that “a national defense counsel shall be appointed by a court decision prepared by a judge.”
Provided, That where a ruling or order is notified, it may be made by entering it in a protocol instead of preparing a written judgment.
“The pronouncement or notification of a judgment” under Article 42 of the same Act shall be made by means of court records in court records, and in other cases, by means of delivery of a certified copy of court records or by any other appropriate method.
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According to the records, the court below acknowledged that the defendant proceeded on the first trial date without appointing or rejecting a request for the appointment of a national defense counsel, which was made in writing by the defendant on August 2, 2016, before the first trial date, and concluded the pleadings on the second trial date, and that the judgment was rendered on the second trial date. However, even if the defendant did not attached to the request for the appointment of a national defense counsel, which was withdrawn on August 2, 2016, the court below did not allow the defendant to vindicate the grounds for the request or not recognize the grounds for the request.
If it is determined, at the last public trial at the latest, the decision of dismissal was made prior to the pronouncement of the judgment, and the defendant was notified. The court below notified the defendant of any trial or trial on the defendant's request for the appointment of a national defense counsel.