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(영문) 대법원 2015.10.29 2015도13135
도박개장등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant C, the argument that the lower court erred in the violation of the rules of evidence or misunderstanding of facts as to sentencing conditions constitutes the 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 on the defendant, the argument that the sentencing of the punishment

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to Defendant F’s ground of appeal, the lower court is justifiable to maintain the first instance court, which collected KRW 63,00,000 from the Defendant for the reasons indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the

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

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