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(영문) 대법원 2015.04.23 2015도3550

사행행위등규제및처벌특례법위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in maintaining the judgment of the court of first instance which collected KRW 24,827,00 against the defendant on the grounds set forth in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the withdrawal of appeal

In addition, the argument that the court below erred in violation of the principle of proportionality by infringing on the nature of the principle of balance of crime or the principle of responsibility in sentencing constitutes the argument 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 on the defendant, the argument that the sentencing of the

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