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(영문) 대법원 2018.09.13 2018도8914
한국마사회법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have convicted all of the facts charged in the instant case on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the limit of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles as to principal offenders and accessories.

In addition, the argument that the judgment of the court below is erroneous in infringing on the essential contents of the principle of balance between crimes and the principle of responsibility, is ultimately an unfair argument for sentencing.

Accordingly, 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 on the grounds of unfair sentencing. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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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