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(영문) 대법원 2017.12.22 2017도17093
공갈미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental reasons of appeal not timely filed by defense counsel).

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the charge of this case was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of extortion.

On the other hand, whether or not closed pleadings are resumed is the matter belonging to the court's discretion.

Therefore, the court below's failure to resume a pleading for the additional statement of a private legal counsel appointed after the closure of pleadings cannot be deemed unlawful (see, e.g., Supreme Court Decision 2005Do6503, Oct. 28, 2005). Accordingly, the defendant's right to appoint a defense counsel or his defense right was infringed.

shall not be deemed to exist.

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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