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TITLE Supreme Court Decision 2012Do1284 decided May 24, 2012 [Violation of Punishment of Violences, etc. Act (Formation of organization, etc., and activities), violation of Enforcement Decree of the Act... [full Text]
Summary
[1] The purpose of allowing an attorney access to documents requested by the court to a public office in accordance with Article 272 (1) of the Criminal Procedure Act; and how to interpret ""reasonable grounds"" for refusing access to documents the attorney is allowed access to [2] Whether the non-prosecution decision-which was part of the non-conviction record and was kept in the Prosecutor's Office-is subject to the attorney's access (affirmative in principle) [3] The measures a court should take when a public office-without legitimate reason-refuses to deliver to the court, or allow the defendant to view documents that may support the defendant's acquittal, or affect the judge's decisions
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