국민체육진흥법위반(도박개장등)등
All appeals are dismissed.
The grounds of appeal are examined.
1. The argument that Defendant A’s ground of appeal contains an error of violation of the rules of evidence selection in determining the sentencing constitutes an allegation of unfair sentencing.
However, under 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 not less 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 against Defendant A, the argument that the amount of punishment is unreasonable is not
2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the instant facts charged against Defendant B were guilty and ordered to collect KRW 9,790,000 on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.