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(영문) 대법원 2014.04.24 2014도2662
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Defendant forged and used the contract entered in the instant facts charged, and rejected the grounds for appeal on the mistake of facts that asserted them.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment in violation of logical and empirical rules and the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, according to the records, while appealed from the judgment of the first instance, the defendant asserted unfair sentencing as the grounds for appeal, as well as misconception of facts as to the forgery of private documents and the exercise of falsified documents among the facts charged in the instant case and the part concerning the fraud of the victim D, but at the third trial of the lower court, the defendant withdrawn the grounds for appeal for misconception of facts as to the part concerning the

In such a case, the lower court’s assertion that there was an error of mistake or misapprehension of legal principles as to each part of the facts charged in the instant case cannot be a legitimate ground for appeal.

In addition, although the written ground for appeal submitted by the defendant contains a violation of law or misunderstanding of legal principles in the judgment of the court below, it shall not be deemed a legitimate ground for appeal.

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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