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(영문) 대법원 2016.03.18 2015도17631
절도등
Text

The appeal is dismissed.

"Application of the law" in the judgment of the court of first instance shall be "applicable to the facts constituting the crime of 1." and the relevant law and sentence.

Reasons

The grounds for appeal are examined.

According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground that the judgment of the court below affected the judgment on the ground that the mistake of a serious fact has influenced the judgment shall be limited to the cases for which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than

In this case where a fine is imposed on the defendant, the argument that the court below merely contests the acknowledgement of facts is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is obvious that the judgment of the court of first instance omitted the same description as the Disposition. Thus, it shall be revised as adding it. It is so decided as per Disposition by the assent of all participating Justices on the bench.

March 18, 2016

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