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(영문) 대법원 2016.04.12 2016도2230
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Since the final appeal is a follow-up trial on the decision of the appellate court, matters which are not subject to adjudication in the appellate court are not subject to the scope of deliberation on final appeal.

Therefore, the grounds that the defendant asserted in the appellate court as the grounds for appeal or that the appellate court is subject to the judgment ex officio cannot be the grounds for appeal.

According to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such cases, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

B. In addition, the lower judgment did not err by misapprehending the legal doctrine on the exercise of the court’s right to ask for seat and the exercise of the defendant’s right to defense, or failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

In addition, since the issue of consolidation of pleadings belongs to the court's discretion, it cannot be said that the court below erred because it did not combine the arguments with other cases against the defendant, and the argument that the appeal was filed for the consolidation of additional cases 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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