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(영문) 대법원 2016.12.15 2016도15507
게임산업진흥에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In this case which is not a requisite attorney-at-law, even if the court below tried and sentenced the defendant without the appointment of a public defender, it cannot be viewed that the defendant's right to have the assistance of counsel has been infringed.

In addition, in a case where two or more cases are instituted separately for the same accused, a consolidated trial shall be conducted and a judgment shall not be sentenced at the same time. Thus, the trial procedure of the court below which rejected the defendant's motion to request a consolidated trial of the prosecuted case separately cannot be deemed unlawful

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed, the argument that the sentencing of a sentence

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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