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(영문) 대법원 2015.03.26 2015도554

국민체육진흥법위반등

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending legal principles as to the amount of additional collection cannot be a legitimate ground of appeal.

In addition, the argument that the lower court erred by failing to exhaust all necessary deliberations or by misapprehending the legal principles on sentencing constitutes the argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable cannot

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