2020Do1747 A. Fraud

(b) Habitual gambling;

A

Defendant

Attorney Park Jong-soo (Korean)

D

Daegu District Court Decision 2019No4198 Decided January 10, 2020

March 13, 2020

The appeal is dismissed.

Of the judgment of the court below, "shall reverse the original judgment" shall be corrected to "shall reverse the remainder other than the compensation order part among the original judgment".

We examine the grounds of appeal.

The argument that the lower court’s determination of sentencing erred by misapprehending the legal principles constitutes an allegation of unfair sentencing. However, under Article 383 subparag. 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 is imposed, an appeal on the ground of unfair sentencing is allowed. In this case where the lower court rendered a minor sentence against the Defendant, the argument that the sentence is too unreasonable

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since the judgment of the court below clearly erred, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating

March 13, 2020

Justices Park Sang-ok

Justices Noh Jeong-chul

Chief Justice Noh Jeong-hee

Justices Kim In-bok