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(영문) 대법원 2017.12.22 2017도16300
국민체육진흥법위반(도박개장등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court’s order to collect KRW 112,30,000 from Defendant A for the reasons indicated in its reasoning is justifiable, and there is no error of law by misapprehending the legal doctrine on additional collection.

2. As to the grounds for appeal by Defendant B, in a case where only the prosecutor appealeds the judgment of the first instance on the grounds that the sentencing was unfair, and the Defendant did not appeal on the grounds that the sentencing was unfair, the Defendant cannot be deemed as the grounds for appeal against the appellate judgment, such as misconception of facts or misunderstanding of legal principles (see Supreme Court Decision 2009Do579, May 28, 2009). According to the records, only the prosecutor appealed on the judgment of the first instance on the grounds that the sentencing was unfair, and the lower court accepted the prosecutor’s unfair claim for sentencing and reversed the judgment of the first

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

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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