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TITLE [Violation of the Act on the Control of Narcotics, etc. (Psychotropic Drugs)]Supreme Court Decision 2008Do11813 Decided February 26, 2009 [full Text]
Summary
[1] The validity of indictment that remarkably violates its procedures required (=null and void), and whether such defect is cured if the defendant, et al. respond to the proceedings of this case without any objection to the indictment violating the procedures required (negative) [2] The case holding that in case where on the trial date, a prosecutor makes an oral statement that the application for the approval of an indictment modification, wherein the defendant, et al. are not identified, would be replaced by a written indictment and the defendant and his/her defense counsel do not raise any objection to this, such case cannot be viewed as a lawful indictment
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