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(영문) 대법원 2016.12.27 2016도18022
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding of the court below without any specific argument about the violation of the law of the court below is not a legitimate ground for appeal.

In addition, the issue of whether the closed pleadings are resumed or not belongs to the court's discretion, and according to the records, the court below proceeded with the trial in the presence of the public defender and has lawfully concluded the pleadings. Thus, the court below cannot be said to have infringed the defendant's right of defense on the date of the decision notified without accepting the application for resumption of pleadings by the public defender

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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