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(영문) 대법원 2015.08.19 2015도8024
국민체육진흥법위반(도박개장등)등
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 by the court below, it is just for the court below to order the defendant to collect a surcharge of KRW 466,392,830 on the grounds stated in its reasoning, and it did not err by misapprehending the legal principles on the calculation of a surcharge, contrary to what

Meanwhile, the lower court’s argument that the lower court erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility constitutes an allegation of unreasonable sentencing.

However, under Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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