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(영문) 대법원 2015.07.09 2015도5898
횡령
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In the instant case, which is not a requisite attorney-at-law, the lower court dismissed the Defendant’s request for the appointment of a state-appointed defense counsel and proceeded with the trial. Such circumstance alone does not constitute an error in the lower judgment, such as infringement of the right to assistance of counsel or defense

In addition, the argument that the court below erred in calculating the amount of damage from embezzlement in determining the sentencing is ultimately an unreasonable sentencing argument.

However, 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 punishment

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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