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(영문) 대법원 2013.08.23 2013도7018
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and claimed a mistake of facts as well as the grounds for appeal on the grounds of unfair sentencing, but withdrawn the grounds for appeal on mistake of facts on the first trial of the court below, and left the grounds for unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in mistake of facts or incomplete deliberation shall not be a legitimate ground for appeal.

In addition, a person who has filed an appellate brief may withdraw part of the grounds for appeal stated in the appellate brief on the court date, and in this case, the appellate court has no need to state its decision on the grounds for appeal that has been withdrawn from the judgment. Therefore, the appellate court did not make a decision on the grounds of mistake of facts that the court below did not have made a decision on the withdrawn grounds for

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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