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(영문) 대법원 2016.03.10 2015도20180
사행행위등규제및처벌특례법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have convicted the Defendant of violating the Act on Special Cases Concerning Regulation and Punishment of Speculative Acts, Etc. committed with A, among the facts charged in the instant case on the grounds stated in its reasoning, and there was no error of exceeding the bounds of the principle of free evaluation

In addition, pursuant to 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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. According to the reasoning of the lower judgment as to the prosecutor’s grounds for appeal, the lower court affirmed the first instance judgment that acquitted S of the charge on the ground that it constituted a case where there is no evidence of crime as to the crime of aiding and abetting S among the facts charged in the instant case.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error by misapprehending the legal principles as to the crime of aiding and abetting a criminal.

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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