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(영문) 대법원 2015.03.20 2015도394
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court of final appeal is a subsequent trial on the decision of the appellate court, which is not subject to a trial in the appellate court, and therefore, it shall not be deemed as a ground of final appeal on any grounds other than those alleged by the defendant as a ground of final appeal in the appellate court or those subject to a trial ex officio.

(see, e.g., Supreme Court Decision 2006Do5547, Mar. 29, 2007). According to the records, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

Therefore, the ground of appeal to the effect that the court below erred in the misapprehension of legal principles as to the mistake of facts against the rules of evidence, alteration of private documents, intent of unlawful acquisition, and consideration for the duties in bribery, etc., due to the violation of the rules of evidence, is not alleged in the court below as the ground of appeal, and the court below's decision is not subject to an ex officio

Furthermore, even after examining the grounds alleged in the grounds for appeal ex officio in light of the evidence duly admitted, the judgment of the court of first instance which affirmed the judgment that convicted all of the forgery of each private document among the facts charged in the instant case, the uttering of each falsified document, occupational embezzlement, and the offering of bribe, did not err in the misapprehension of

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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