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(영문) 대법원 2018.08.01 2018도6729

사문서위조등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while appealed against the judgment of the first instance, the defendant asserted only unfair sentencing on the grounds of appeal, but the appeal was dismissed.

In such a case, the argument that the lower court erred by misapprehending the legal principles as to mistake of facts and mistake of law under Article 17 of the Criminal Act is not a legitimate ground for appeal.

B. In examining the record, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, but did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on mistake of law as stipulated in Article 17 of the Criminal Act.

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

참조조문