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(영문) 대법원 2015.10.15 2015도11395
무고
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of the first instance, and asserted mistake of facts as well as unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal for mistake of facts on the first day of the original trial.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be 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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