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(영문) 대법원 2015.08.13 2015도8831

국민체육진흥법위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to maintain the first instance judgment ordering collection of KRW 492,302,650 against the Defendant on the grounds stated in its reasoning.

There is no error of misunderstanding of facts or misunderstanding of legal principles concerning the calculation of additional collection charges.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only when the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

The argument that the amount of a surcharge is excessive shall not be a legitimate ground for appeal in this case where a more minor punishment (including collection) is imposed against the defendant.

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