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(영문) 대법원 2016.10.13 2016도11916
국민체육진흥법위반(도박등)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 determine that the facts charged in this case is guilty on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by violating Articles 10 and 11(1) of the Constitution, by misapprehending the legal principles on the calculation of the

In addition, pursuant to 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 more 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

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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