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(영문) 대법원 2018.02.08 2017도21274
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the reasons for appeal by Defendant A and B, Defendant A and B appealed against the judgment of the first instance, and asserted mistake of facts on the grounds of appeal along with the sentencing unfair on the grounds of appeal, but they withdrawn the allegation of mistake of facts at the third trial date of the lower court, and only on the grounds of an unfair appeal for sentencing.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that Defendant C was guilty of this case’s facts charged (excluding the part not guilty of the first instance court’s reasoning) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in

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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