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(영문) 대법원 2017.06.29 2017도6116
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Text

The appeal is dismissed.

Reasons

The grounds of appeal (to the extent of supplement in case of supplemental statements of grounds of appeal not timely filed) are examined as follows.

According to the records, while filing an appeal against the judgment of the first instance, the Defendant asserted that the sentencing was unfair on the grounds of appeal and that there was a misunderstanding of facts or misapprehension of legal principles, but withdrawn the grounds for appeal as to mistake of facts or misunderstanding of legal principles on the second trial date of the lower court.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

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

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