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(영문) 대법원 2016.05.12 2016도1095
도시및주거환경정비법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

According to the records, while appealed against the judgment of the court of first instance, the defendants asserted that the sentencing was unfair on the grounds of appeal, but they withdrawn the grounds for appeal against mistake of facts on the first trial date of the court below.

In such a case, the allegation that the lower court erred by mistake of facts or by misapprehending the legal doctrine is not a legitimate ground for appeal.

B. As alleged in Defendant A’s grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the prohibition of disadvantageous alteration, etc.

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

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