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(영문) 대법원 2002.08.23 2002도2795
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

Reasons

In light of the records, the defendant appealed the judgment of the court of first instance only on the ground of unfair sentencing, and in such a case, the defendant cannot be deemed as the ground of appeal that there was an error of mistake of facts or misapprehension of legal principles against the judgment of the court of first instance (see, e.g., Supreme Court Decisions 94Do2134, Feb. 3, 1995; 96Do2076, Nov. 8, 1996). Furthermore, in light of the records, the evidence cited by the judgment of the court of first instance, which the court of first instance cited by the court of first instance, is sufficiently recognized, and there is no error of law such as misconception of facts or misapprehension of legal principles

Therefore, the appeal shall be dismissed, and part of the number of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

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