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(영문) 대법원 2013.04.11 2013도1655
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

A person who has filed a statement of grounds for appeal may withdraw part of the grounds for appeal stated in the grounds for appeal on the court date, but if the grounds for appeal are withdrawn, it may be subject to a restriction that may not be deemed the grounds for appeal again. Thus, the withdrawal of the grounds for appeal

(2) According to the records, the defendant's appeal was dismissed without making a decision on the misconception of facts as to the fraud against the victim's R, K, and M in the statement of grounds for appeal, along with the misconception of facts about unfair sentencing and the fraud against the victim's G, etc.

In light of the legal principles as to the withdrawal of the grounds for appeal as seen earlier and the fact that the Defendant did not explicitly withdraw the allegation of mistake regarding the victim R, K, and M in the trial process of the lower court, it is difficult to view that the Defendant clearly withdrawn the aforementioned assertion of mistake among the grounds for appeal.

On the other hand, the defendant asserts that the above mistake of facts is alleged in the grounds of appeal. The defendant's argument in the above grounds of appeal can be deemed to include the court below's misapprehension of the legal principles as to withdrawal of the grounds of appeal or omission of judgment as to the grounds of appeal

(see Supreme Court Decision 2010Do8477, Sept. 30, 2010). However, in light of the evidence duly admitted and investigated by the first instance court, the lower court’s conviction of the Defendant’s fraud against R, K, and M is acceptable, and thus, the foregoing revocation of the grounds for appeal.

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