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(영문) 대법원 2015.11.17 2015도11839
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the gist of the Defendant’s grounds of appeal is erroneous in matters of mistake or misapprehension of legal principles as to the facts charged.

However, such assertion is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below's decision did not have been subject to an ex officio decision.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the facts charged of the crime of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no violation of logical

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no specific ground of appeal as to this portion in the petition of appeal or appellate brief.

3. 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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