beta
(영문) 대법원 2019.10.18 2019도10317

도박장소개설

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

A person who has filed a statement of grounds for appeal may withdraw part of the grounds for appeal stated in the grounds for appeal on the court date, but if the grounds for appeal are withdrawn, it may be subject to a restriction that may not be deemed the grounds for appeal again. Thus, the withdrawal of the grounds for appeal

(3) In light of the aforementioned legal principles, the court below erred by misapprehending the legal principles on the grounds of appeal and by misapprehending the legal principles on the grounds of appeal, and by misapprehending the legal principles on the grounds of appeal, the court below erred by misapprehending the legal principles on the grounds of appeal, thereby failing to exhaust all necessary deliberations. The court below erred by misapprehending the legal principles on the grounds of appeal, thereby failing to exhaust all necessary deliberations on the grounds of appeal.

Examining such factual relations in light of the legal principles on the withdrawal of the grounds for appeal as seen earlier, it is difficult to view that the Defendant clearly withdrawn the allegation of mistake among the grounds for appeal.

Meanwhile, in this case where the Defendant cited a mistake of facts and the Defendant was sentenced to a fine, etc., the Defendant’s ground of appeal may not be a legitimate ground of appeal. However, the Defendant’s above ground of appeal may be deemed to have erred by misapprehending the legal doctrine regarding the withdrawal of the grounds of appeal or omitting judgment

(2) In light of the relevant legal principles and evidence duly admitted, the facts charged of the instant case can be found guilty. As such, the lower court’s misapprehension of the legal doctrine as to withdrawal of the grounds for appeal or omission of judgment did not affect the conclusion of the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.