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(영문) 대법원 2019.07.25 2019도7054

게임산업진흥에관한법률위반

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court reversed the judgment of the first instance and collected KRW 142,00 from the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof of criminal proceeds and facts that are subject to additional collection in a violation of the Game Industry Promotion Act.

Meanwhile, 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 is imposed, an appeal on the grounds of unfair sentencing is allowed

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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