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(영문) 대법원 2015.10.29 2015도12849
사기등
Text

All appeals are dismissed.

Reasons

1. Examining the reasoning of the lower judgment regarding the prosecutor’s grounds of appeal in light of the records, it is justifiable for the lower court to maintain the first instance judgment that acquitted the Defendant on the ground that the fraudulentness of P among the facts charged in the instant case against the Defendant constitutes a case where there is no evidence of crime, and contrary to what is alleged in the grounds of appeal, there is no error of law by exceeding

Meanwhile, the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the entire part of the judgment of the court below, but there is no indication in the grounds of appeal as to the guilty portion against the defendant.

2. According to the records of the judgment on the Defendant’s appeal, regarding the judgment of the lower court rendered on July 28, 2015, the Defendant revealed the fact that the Defendant submitted a petition of appeal to a government prison on August 5, 2015, after the period for filing an appeal expires.

Therefore, since the defendant's petition of appeal was submitted after the deadline for appeal expires, it is necessary to dismiss the defendant's appeal by decision pursuant to Articles 381 and 376 (1) of the Criminal Procedure Act, but it is dismissed by judgment along with the prosecutor's appeal

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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