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(영문) 대법원 2014.05.16 2014도473
식품위생법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are also examined.

According to the records, both the Defendant and the prosecutor appealed the first instance judgment, and the Defendant did not submit the grounds of appeal within the period for submission of the grounds of appeal, and the lower court rendered a decision dismissing the Defendant’s appeal on November 20, 2013, and the above decision was served on the Defendant on November 26, 2013 and became final and conclusive at that time, and the lower court subsequently rendered a judgment dismissing the prosecutor’s appeal on December 26, 2013 only for the prosecutor’s appeal.

In such a case, the defendant cannot be used as the ground of appeal for misconception of facts against the rules of evidence or violation of law.

(1) The appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices.

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