[위증][공1976.3.15.(532),8987]
The legality of the grounds of appeal invoked as the grounds of appeal
The grounds of appeal shall be specified by citing facts expressed in the records of trial and in the examination of evidence by the court below, so the defendant's ground of appeal may not be a legitimate ground of appeal.
Defendant
Seoul Criminal Court Decision 75No631 decided May 8, 1975
The appeal is dismissed.
We examine the Defendant’s ground of appeal No. 1.
The defendant used the appellate brief of March 3, 1975, which was submitted by the defendant in the appellate trial, as the ground of appeal of this case
the court below's examination of evidence, but the petition of appeal refers to the facts expressed in the records of trial and the court below's examination
Since the grounds for appeal should be specified, the defendant's assertion of the grounds for appeal cannot be a legitimate ground for appeal (see Supreme Court Decision 72Do2339 delivered on December 26, 1972). We examine the grounds for appeal No. 2.
The defendant's ground of appeal is that the original judgment contains an improper error in the amount of punishment, but with respect to this case where a sentence of less than 10 years has been sentenced, such argument does not constitute any of the grounds provided in the subparagraphs of Article 383 of the Criminal Procedure Act. Therefore, since all of the arguments are without merit, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges
Justices Shin Young-chul (Presiding Justice)