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(영문) 대법원 2016.03.24 2015도19254
국민체육진흥법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to additionally collect KRW 101,103,746 from the defendant on the grounds as stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on additional collection.

In addition, pursuant to 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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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

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