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자료유형
학술저널
저자정보
저널정보
한국비교형사법학회 비교형사법연구 비교형사법연구 제11권 제1호
발행연도
2009.1
수록면
485 - 506 (22page)

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The accused told that he had not think providing services of a lawyer without a fee would violate election law and protested that he had made an error of illegality. If the doer has good reason for falling into error juris, the doer will be free from the liability of the accused. So error juris under the article 16 of criminal law is important ground to determine guilty or not guilty. The trial court should clearly explain what is the reason for rejecting the defendant’s protest. Not to judge of error juris violates the article 361-1 number 11 of criminal procedure act as the grounds for decision has not been adduced. Also it amounts the same article number 1 on a breach of the law. The appellate court had not definitely record judgement of the reason for appeal error of illegality. According to the article 369 of criminal procedure art, a transcript of the appellate court should include judgement about ground for appeal. The article 361-5 number 11 is stipulated that it is peremptory reason for appeal if the trial court has not adduce reason for judgement. In the end, the accused has appealed against the appellate court had not judgement of his defense error of illegality. However the Supreme Court has regarded that the appellate court had judged propriety of ground for appeal already even though the court has not judge separately propriety of ground for appeal in the case of reversing and rendering judgment for the lawsuit. But we can’t regard that ex officio decision includes every judgement about appellant’s grounds of appeal. Because the function of ex officio decision is just supplementation to appellant’s grounds of appeal. Above all he article 369 of criminal procedure art is stipulated that appellate judgment ought to include the judgement about reason for appeal.

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