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(영문) 대법원 2017.01.25 2016도19164
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted that the sentencing was unfair on the grounds of the appeal, and the defendant withdrawn the grounds for appeal as to the misunderstanding of legal principles from the first trial date of the court below.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine is not a legitimate ground for appeal.

In addition, in light of the content and degree of the defense activities of the national defense counsel in the court below as shown in the record, the grounds of appeal to the effect that the national defense counsel was not properly supported in the court below's trial cannot be accepted.

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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