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(영문) 대법원 2018.04.26 2018도3777
주거침입
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the recognition of facts and the selection of evidence without specific grounds for violation of the law of the court below is not a legitimate ground for appeal.

On the other hand, the court below did not accept the defendant's request for the selection of a defense counsel because the case is not a requisite attorney.

Even if it is illegal, it cannot be said that it is illegal.

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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