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(영문) 대법원 2013.04.25 2013도2771
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, it is evident that the defendant asserted mistake of facts in the grounds of appeal as the grounds of appeal. The court below ruled that the defendant's grounds of appeal are only the grounds of unfair sentencing, and dismissed the defendant's appeal without making a decision on mistake of facts.

However, according to the evidence duly adopted and examined by the court of first instance that the court below maintained, there is no error of law such as misunderstanding of facts or incomplete hearing in the judgment below, and such omission of judgment does not affect the conclusion of the judgment.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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