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(영문) 대법원 2014.07.24 2014도1777
자동차관리법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The portion rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall be no longer arbitable as the final judgment became final and conclusive at the same time with the rendering of the judgment, and the court that has been remanded shall not render a decision contrary thereto. Thus, the defendant shall not make a claim in this part as the grounds

The same applies to the case where a new argument was added to the part of the final judgment, or where the court below, after remand, partially examined the facts constituting the crime.

(1) In light of the aforementioned legal principles, the instant case’s ground of appeal concerning the violation of the Automobile Management Act due to the illegal use of a motor vehicle registration number plate, alteration of private documents, and the uttering of private documents, among the instant facts charged, was rejected, and the conviction of conviction was affirmed. As such, the instant ground of appeal disputing the judgment of conviction after remanding the case on the ground of misunderstanding of facts, etc., cannot be said to be a legitimate ground of appeal, as it concerns the part of the judgment of conviction that has already become final and conclusive, and thus, cannot be deemed a legitimate ground of 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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