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(영문) 대법원 2018.06.15 2017도21393
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. In order for the defendant to render a judgment without the defendant's statement pursuant to Article 365 (2) of the Criminal Procedure Act as to the assertion of violation of law in the litigation procedure, it is necessary that the defendant was served with a writ of summons of lawful trial date and did not go on the trial date without any justifiable reason two times. Here, the justifiable reason here refers to the reason why the defendant did not have any error and no responsibility is attributable to the defendant (see, e.g., Supreme Court Decisions 62Do70, Jun. 14, 1962; 2010Do5410, Jun. 24, 2011). Examining the records, the court below's decision was just based on the above legal principles, and it was erroneous in the misapprehension of Article 365 (2) of the Criminal Procedure Act as alleged in the grounds of appeal.

subsection (b) of this section.

2. According to the records on the remaining arguments, the defendant appealed against the judgment of the court of first instance, and asserted a misunderstanding of facts, misunderstanding of legal principles, and withdrawal of the grounds for appeal as to mistake of facts and misunderstanding of legal principles on the 10th trial date of the court below.

In such a case, the argument that the lower court erred in violation of the rules of evidence is not a legitimate ground for appeal.

3. 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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