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(영문) 대법원 2017.05.31 2017도1436
자격모용사문서작성등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A, if the appeal is lawful, the appellate court shall judge without any need to examine whether the grounds for appeal are submitted, or whether the grounds for appeal are included in the reason for appeal. However, with respect to the grounds not to be ex officio, it shall be subject to adjudication only when it is stated in the petition of appeal or is included in the reason for appeal submitted within the fixed period of time, and it shall not be included in the reason for appeal, except for the reasons affecting the conclusion of the judgment.

Even if the defendant or defense counsel stated matters that are not included in the reason for appeal in the appellate court, it can be tried ex officio. On the other hand, such circumstance alone has grounds for appeal as argued in the statement.

We cannot see (see Supreme Court Decision 2006Do88, May 31, 2007). According to the records, the defense counsel's written opinion submitted on October 18, 2016, which was after the deadline for filing an appeal by the defendant A, submitted by the defense counsel appointed by the defendant A, was known to the effect that the defendants did not have to observe the procedures for selecting the chairperson of the representative council of occupants since the defendants appointed the defendant C as the representative of the chairperson as the representative of the chairperson. Thus, the above argument cannot be included in the grounds for appeal. Thus, the court below did not determine the above.

Even if there is no error of omission in judgment.

In addition, the ground of appeal to the effect that the above assertion is identical to that of the appeal is alleged as the ground of appeal or that the court below did not consider it as the object of judgment ex officio, and thus, it cannot be a

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B and C, cases where death penalty or imprisonment with or without prison labor for life or for not less than ten years is pronounced.

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