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(영문) 대법원 2018.01.25 2017도17649
변호사법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Whether or not to resume the arguments that have been adopted or closed as evidence is the matter belonging to the court's discretion.

Therefore, even if the court below rejected the defense counsel's request for resumption of the pleading after the closure of the pleading, there is an error of infringement of the defendant's right to defense in the litigation procedure.

subsection (b) of this section.

In addition, the lower court’s assertion that there was a error in the application of the law regarding the fraud against the victim H among the facts charged in the instant case, or that there was a mistake in the fact as to the ownership of shares, is not a legitimate ground for appeal, as it asserted only for the grounds of appeal that the Defendant did not use it as the ground for appeal, or that the lower

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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