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(영문) 대법원 2015.09.10 2015도10176
배임수재
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts as the grounds for appeal along with unreasonable sentencing, but withdrawn the grounds for appeal for mistake of facts on the second trial of the court below.

In such a case, the argument that the lower court erred by misapprehending the 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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