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(영문) 대법원 2015.06.24 2015도5183

게임산업진흥에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A and B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant A and B guilty of the modified facts charged (excluding the part on which the lower court acquitted Defendant A and B) on the grounds indicated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence, exceeding the bounds of the principle of logic and experience, or by misapprehending the legal doctrine on the degree

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant D’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. As such, in this case where Defendant D was sentenced to a fine, the allegation that the amount of punishment is unreasonable is

In addition, Defendant D’s assertion in the grounds of appeal does not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.