사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The reasoning of the appeal is that the lower court’s punishment (three million won in penalty) is too unfluent and unreasonable.
2. Article 33(2) of the Criminal Procedure Act provides that “Where the defendant is unable to appoint a defense counsel because of poverty or any other reason, the court shall appoint a defense counsel at the request of the defendant.”
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.
“.......”
According to the records, the court below held that the defendant's motion to appoint a national defense counsel in writing on November 22, 2016, which was before the date of the first trial and proceeded on the date of the first trial without any decision such as appointment or refusal, and concluded the pleading on the date of the second trial, and that the judgment was pronounced on the date of the second trial. However, even if the defendant did not attach any supporting document for the reason of poverty, etc. in the request to appoint a national defense counsel submitted by the defendant, the court below held that the court of the court below did not give the defendant an opportunity to vindicate the reason of the request or recognize the reason of 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 rendered a judgment without notifying the defendant of any trial or trial with respect to the defendant's request for the appointment of a national defense counsel.