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(영문) 대법원 2013.05.09 2013도3459

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the court below is just to have judged only the defendant's grounds for appeal on the grounds of unfair sentencing, and there is no error of law by misapprehending the legal principles on the withdrawal of grounds for appeal

In such a case, the argument that the lower court erred in misunderstanding of facts and misunderstanding of legal principles concerning fraud cannot be a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

In addition, since the issue of whether to postpone the sentencing date or to resume closed pleadings is all the matter belonging to the court's discretion, the court rendered a sentence on the sentencing date notified without postponement or resumption of pleadings, even though the defendant requested to postpone the sentence date after the closing of pleadings to agree with the victim.

Thus, it cannot be deemed unlawful.

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