[재물손괴][공1980.5.15.(632),12757]
No appeal may be invoked as a ground for appeal.
The grounds of appeal that are submitted to the court below are not allowed to be invoked.
Article 379 of the Criminal Procedure Act
Supreme Court Decision 75Do1882 Delivered on January 13, 1976
Defendant
Jeonju District Court Decision 79No1180 delivered on January 17, 1980
The appeal is dismissed.
50 days from the number of days under detention before a judgment is rendered shall be included in the original sentence.
The grounds of appeal are not allowed to invoke the grounds of appeal submitted to the court below, and there is no reason to discuss this point, and the remaining arguments are merely denying the defendant's criminal act and they are not legitimate grounds of appeal.
The argument that was in a state of mental disorder under the influence of alcohol at the time of crime does not constitute a new ground of appeal as alleged in the original judgment, nor a legitimate ground of appeal.
Therefore, the appeal is without merit, and it is dismissed, and fifty days of the number of days under detention before the judgment is made in accordance with Article 57 of the Criminal Act are included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yang Byung-ho (Presiding Justice)