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(영문) 대법원 2013.06.27 2013도5781
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In this case where the defendant's request for the appointment of public defender was not a requisite attorney-at-law, the court below tried the defendant without the appointment of public defender and sentenced the judgment.

Even if the defendant's right to assistance is infringed, it cannot be viewed that the defendant's right to counsel.

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 on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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