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(영문) 대법원 2016.09.23 2016도11849
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court of appeals shall target the grounds for appeal entered in the petition of appeal or included in the statement of reasons for appeal submitted within the period for submission of a statement of reasons for appeal, and may render ex officio adjudication even in cases where the grounds for appeal are not exceptionally included in the statement of reasons for appeal which adversely affect the conclusion of the judgment (Articles 364(1) and 364(2) of the Criminal Procedure Act). Therefore, even if the defendant or defense counsel states matters not included in the statement of reasons for appeal in the

Nor can it be viewed (see, e.g., Supreme Court Decisions 98Do1234, Sept. 22, 1998; 2006Do88, May 31, 2007). According to the records, the defendant and the defense counsel asserted only unfair sentencing on the grounds of appeal submitted within the statutory period. On April 6, 2016, the defendant's private defense counsel submitted a defense counsel's opinion that contains misunderstanding of legal principles and misunderstanding of facts and misapprehension of legal principles on the first trial date of the court below.

In addition, while the court below decided that the mistake of facts, misunderstanding of legal principles is not included in the grounds for appeal submitted within the submission period on the grounds of appeal, and thus, it did not accept the allegation of misunderstanding of facts and misapprehension of legal principles as to the above facts and defense counsel on the ground that the indictment is unlawful because the facts charged in this case are not clearly specified, or that the defendant's crime of forging private documents and exercising the above investigation documents cannot be seen as a case where there is no possibility of legitimate act, which is the ground

The judgment below

In light of the records, the judgment of the court below is just based on the above legal principles, and it is so decided as per Disposition by the misapprehension of relevant legal principles.

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