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(영문) 대법원 2019.08.30 2019도8748
국민체육진흥법위반(도박개장등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court convicted Defendant A of the facts charged, and additionally collected KRW 54 million from Defendant A, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine regarding concealment of criminal proceeds

The argument that the lower court’s determination of sentencing contains an error of omission in determination of basic facts of sentencing constitutes an allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant C, D, and E, the lower court convicted Defendant C, D, and E of the facts charged, and additionally collected KRW 41 million from Defendant C, KRW 38 million from Defendant D, and KRW 37 million from Defendant E, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the principle of prohibition of disadvantageous alteration, collection of additional collection, etc.

In light of the record, the lower court did not err by violating the due process principle.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed against C, D, and E, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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