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(영문) 대법원 2015.10.15 2015도6752
준강간미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mistake of facts or misapprehension of legal principles as the grounds of appeal along with unfair sentencing, but withdrawn the grounds of appeal concerning mistake of facts or misapprehension of legal principles on the third trial of the court below

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

Furthermore, even if the record is examined, there is no illegality as alleged in the grounds of 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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