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(영문) 대법원 2006.07.27 2006도3336
명예훼손 등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Where a defendant has lodged an appeal against the judgment of the first instance on the sole ground of unfair sentencing, the appellate court may not make a mistake of facts, etc. as the ground of appeal

According to the records, since the defendant appealed from the judgment of the first instance on the ground of unreasonable sentencing only as the grounds for appeal, the defendant's assertion of mistake of facts that the defendant is liable only when he reaches the final appeal 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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