logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.11.28 2013도12118
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed after the deadline).

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below was just in finding the Defendant guilty of the fraud among the facts charged in the instant case on the grounds as stated in its holding, and there was no error of misapprehending the legal principles on fraud or misunderstanding of facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts as to the non-prosecution of the facts charged in the instant case as the grounds for appeal, but withdrawn the grounds for appeal as alleged in the first trial date of the court below.

In such a case, the argument that the lower court erred in mistake of facts cannot be a legitimate ground of appeal.

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

arrow