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(영문) 대법원 2017.10.12 2017도11757
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of all the facts charged. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on concurrent crimes after Article 37 of the Criminal Act, or by infringing on the Defendant’s right to defense or by misapprehending the legal principles on concurrent crimes.

In addition, since the extension of the notice date and the consolidation of the arguments are subject to the court's discretion, the defendant filed an application for postponement of the sentence date for agreement with the victims after the conclusion of the pleadings, which was rejected by the court below, and the first instance court did not combine the defendant with other cases and arguments against the defendant.

(2) No person shall be deemed to be unlawful.

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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