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(영문) 대법원 2016.04.12 2016도2099
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, there is an error of violating the procedure for selecting a national defense counsel or infringing the defendant's right of defense by failing to appoint a defense counsel ex officio at the original trial of this case where there is no other circumstance in which a defense counsel should be appointed pursuant to Article 33 (3) of the Criminal Procedure Act, instead of a necessary attorney-at-law case.

subsection (b) of this section.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of the punishment is unreasonable or that the defendant was in violation of the violation of the rules of evidence without regard

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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