logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.05.12 2016도3743
게임산업진흥에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant A’s appeal, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

In addition, the argument that the lower court erred by misapprehending the legal doctrine that infringes on the essential contents of the principle of balance of punishment or the principle of responsibility for the determination of sentencing constitutes an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the Defendants on the part of the judgment of innocence on the grounds of the facts charged in this case, on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to facts beyond the limit of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to comprehensive crimes and business crimes, without failing to exhaust all necessary deliberations, as

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice of appeal.

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

arrow