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(영문) 대법원 2017.06.19 2017도5532

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant B’s appeal, the Defendant appealed against the judgment of the first instance, and asserted that there was an error of fact, misunderstanding of legal principles, and withdrawal of the grounds of appeal as to mistake of fact and misunderstanding of legal principles on the grounds of the appeal, on the first trial date of the lower court.

In such a case, the argument that the lower court erred by mistake or misunderstanding of the legal doctrine is not a legitimate ground for appeal.

2. As to the grounds for appeal by the Defendant and the person who requested the attachment order (hereinafter “Defendant”)

A. Even upon examining the record of the Defendant’s case, the lower court’s trial procedure did not err by either misapprehending the right to a fair trial or infringing the Defendant’s right to defense.

B. As to the case of the request for attachment order, a final appeal shall be deemed to have been filed regarding the case of the Defendant’s appeal.

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.