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(영문) 대법원 2019.09.25 2019도9153
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that there was an error of misapprehension of the legal principles as to the co-existence in the crime of violation of the Punishment of Violences, etc. Act, which infringes on the defendant's right to defense and the right to assistance of a state appointed defense counsel in the first instance trial procedure, is alleged to be the ground for appeal by the defendant, or by the court below's decision that there was no ground for appeal by its own authority. Thus, it cannot be a legitimate

In addition, even if examining the record in light of the record, it cannot be said that there was a violation of the law regarding the service of indictment in the first instance trial procedure.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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