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(영문) 대법원 2017.11.09 2017도13757

국민체육진흥법위반(도박개장등)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court’s determination that Defendant A was guilty on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on public offering

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. Review of the records on the grounds of appeal by Defendant B and C reveals that Defendant B and C appealed against the judgment of the first instance, and only alleged unfair sentencing on the grounds of appeal.

In such a case, the assertion that there was a mistake of fact or misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that the lower court erred in applying the hearing or sentencing guidelines for the determination of sentencing is ultimately an unfair argument in sentencing.

In doing so, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the above Defendants were sentenced to minor punishment is not a legitimate ground for appeal.

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