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(영문) 대법원 2020.10.15 2018도18888
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The principle of an indictment only shall, in principle, be submitted when a prosecutor institutes a public prosecution, and it shall not be accompanied by documents or other things which may cause prejudice to the court on the case, or cited the contents thereof.

(2) Article 118(2) of the Rules of Criminal Procedure provides that the indictment may not contain any facts other than those required by laws and subordinate statutes, which may cause prejudice to the court (see, e.g., Supreme Court Decision 93Do3145, Mar. 11, 1994). The issue of violation of the principle of an indictment only shall be specifically determined in the relevant case on the basis of whether the facts stated in the indictment, other than those required by Acts and subordinate statutes, may hinder the judge or jury from understanding the substance of the criminal facts, by making the judge or jury a connotation.

(See Supreme Court en banc Decision 2009Do7436 Decided October 22, 2009). In a case where an indictment is deemed to have been instituted in violation of the principle of an indictment only in light of the above standards, it is the principle that a judgment dismissing a public prosecution is to be pronounced on the ground that the procedure constitutes an invalid one in violation of

(Article 327 Subparag. 2 of the Criminal Procedure Act: Provided, That in cases where no objection is raised from the defendant's side with respect to the method of written indictment, and the court deems that there is no difficulty in understanding the substance of the crime and that the procedure of examination of evidence is completed and that the process of examination of evidence is completed and that the process of examination of evidence reaches the stage of the formation of judge's conviction, it is more necessary in light of the dynamic stability of the

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