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(영문) 대법원 2017.02.03 2016도15771
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine on fraud.

In addition, since the extension of the date of declaration notified falls under the discretion of the court, the court below failed to postpone the date of declaration even though the court appointed a private defense counsel after the closure of pleadings and requested the extension of the date of declaration to be agreed with the victim.

In addition, there is a violation of the defendant's right to assistance of counsel.

subsection (b) of this section.

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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