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(영문) 대법원 2014.08.20 2014도6780

도박개장등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just that the court below found all of the facts charged in this case guilty and confiscated Nos. 19 through 33 and collected KRW 41,287,000 from the defendant on the grounds of its stated reasoning. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to confiscation, collection, and collection, which are contrary to logical and empirical rules and beyond the bounds of the principle of free evaluation of evidence,

In addition, 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

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing cannot be deemed as a unconstitutional provision in violation of Article 27 of the Constitution or the Constitution that limits the citizens’ right to trial by the Supreme Court

The ground of appeal against this cannot be accepted.

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