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(영문) 대법원 2014.02.27 2014도217
사행행위등규제및처벌특례법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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

In such a case, it is not allowed to appeal to the Supreme Court for a new reason that the lower court erred by misapprehending the legal principles.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the grounds for the imposition of punishment on

In addition, the grounds other than those asserted as the grounds of appeal shall not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

2. According to the records on Defendant B’s grounds of appeal, the Defendant asserted a mistake of facts in the grounds of appeal, and even though the Defendant had not withdrawn the above mistake of facts on the date of the original trial, the lower court determined the Defendant’s grounds of appeal only as unreasonable

The defendant asserts the same purport as the grounds for appeal, which includes the argument that the court below omitted the judgment on the above grounds for appeal.

However, according to the evidence adopted by the court of first instance maintained by the court below, since the facts charged in this case can be fully recognized, the above error of omission of judgment does not affect the judgment.

Ultimately, this part of the grounds of appeal cannot be accepted.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death or imprisonment with or without labor for an indefinite term or for not less than ten years. Thus, the defendant is more minor.

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