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(영문) 대법원 2013.05.09 2013도3068
특수절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal that the principle of an indictment only and the system of the separation of evidence are against the ideology of the Criminal Procedure Act, and thus the trial procedure is unlawful is not accepted.

In addition, since the whole number of days of pre-trial detention is naturally included in the principal sentence as a matter of law, there is no need to separately determine matters concerning the inclusion of days of pre-trial detention in the judgment (see Supreme Court Decision 2009Do11448, Dec. 10, 2009). On a different premise, there is no ground of appeal that the court below erred by failing to enter matters concerning the inclusion of days of pre-trial detention in the judgment in the judgment

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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