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(영문) 대법원 2018.03.15 2018도72

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the trial procedure.

In addition, the argument that the lower court erred by misapprehending the legal doctrine regarding the crime of forging signature, or by omitting statutory mitigation due to mental or physical weakness, is not a legitimate ground for appeal, since the Defendant’s assertion that it was the ground for appeal or that it was not subject to ex officio determination by the lower court, is not a legitimate

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