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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s grounds of appeal, an assertion of mistake of facts as to sentencing conditions is ultimately asserted on the grounds of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where Defendant A was sentenced to a more minor punishment, the allegation that the amount of punishment is unfair
2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court, on the grounds indicated in its reasoning, found the Defendant guilty of violating the National Sports Promotion Act and having committed an act of gambling openings among the facts charged in the instant case, and the measures of collecting KRW 877,00,000 from Defendant C are justifiable. In so doing, it did not err by misapprehending
In addition, the argument that there was an error of misconception of facts or misapprehension of legal principles as to the crime of violation of the National Sports Promotion Act and the crime of opening gambling in the lower judgment is not a legitimate ground of appeal due to a new argument in the final appeal court, which was not the ground of appeal by Defendant C, and even if examining the record, there is no error of law
Meanwhile, 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 Defendant C, the argument that the amount of punishment is unreasonable is not
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.