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(영문) 대법원 2013.07.11 2013도6151
절도미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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instance, and claimed a mistake of facts as well as the grounds for appeal on the grounds of unfair sentencing, but withdrawn the grounds for appeal for mistake of facts as alleged in the first trial of the lower court, and only left the grounds for unfair sentencing as the grounds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

In such a case, a final appeal is not allowed to be filed with the Supreme Court on the ground of a new assertion that the lower court erred by misapprehending the facts concerning attempted larceny or by failing to exhaust all necessary deliberations.

(Ex officio, the judgment of the court below does not contain an error as alleged in the grounds of appeal. On the other hand, in light of the records, there is no violation of law such as infringement of the defendant's right to receive sufficient assistance from the public defender in the first instance court and the court below

This part of the grounds of appeal 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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