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(영문) 대법원 2013.07.12 2013도5165
상해
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

1. Article 142(3) of the Rules on Criminal Procedure provides that where an application for changes in indictment has been filed, the court shall immediately serve a copy thereof on the defendant or his defense counsel. Since it is apparent in the language that both the defendant and his defense counsel do not intend to serve a duplicate of the indictment, it cannot be said that there is procedural error on the part of the defendant and his defense counsel.

According to the records, the court below's decision to permit the modification of the indictment against the defendant can be known that the defendant's public defender received the duplicate of the application for the modification of the indictment prior to the second trial date. Thus, the court below did not serve the duplicate of the application for the modification of indictment

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the instant conjunctive facts charged were guilty on the grounds indicated in its reasoning is justifiable, and there was no error of exceeding the bounds of the principle of free evaluation of evidence against logical

3. Whether the pleading is combined or not belongs to the court's discretion, and thus, the case was not tried concurrently with other cases.

Thus, it cannot be said that there is no violation of law.

The first ground for appeal cannot be accepted on a different premise.

4. 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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