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(영문) 대법원 2015.08.27 2015도8000
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the court below erred by infringing on the right to assistance of counsel on the grounds of appeal, since the court below, on behalf of the defendant, appointed a public defender prior to the lapse of the period for appeal, cancelled the decision to appoint a public defender and failed to receive assistance from his counsel, thereby failing to state facts in the grounds of appeal, and omitted this.

The judgment below

According to the reasoning and records, ① the Defendant appealed against the judgment of the court of first instance and appealed to the court below. ② On January 19, 2015, the court below appointed the attorney-at-law as a public defender on the 25th of the same month after receiving the litigation records of this case. On the 27th of the same month, the Defendant and the public defender on the 28th of the same month served the notification of the appointment and receipt of trial records on each public defender; ③ the attorney-at-law filed an application for permission to resign from the public defender on the grounds of personal circumstance on February 16, 2015 without submitting the statement of grounds for appeal on the 16th of the same month. On the same day, the court below revoked the appointment of the public defender on the 24th of the same month, and served the new public defender on the 24th of the same month with the notification of the appointment and receipt of trial records on the 3rd of the attorney-at-law on the 19th of the same month.

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