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(영문) 대법원 2017.08.18 2017도4954
한국마사회법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court’s order to collect KRW 313,348,187 against Defendant A for reasons indicated in its reasoning is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on additional collection, without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, the argument that the lower court erred by misapprehending the legal doctrine by infringing on the essential contents of the principle of balance of punishment or the principle of responsibility for the determination of sentencing constitutes an unfair argument in sentencing.

Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

Meanwhile, the argument that the lower court erred by misapprehending the legal doctrine on aggravated repeated crimes is not a legitimate ground for appeal, which is alleged by the Defendant as the ground for appeal or by the lower court as the subject of judgment ex officio.

2. On the grounds of the prosecutor’s appeal, the lower court acquitted Defendant D on the ground that there was no proof of crime regarding the changed charges of this case against Defendant D, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principals.

3. All final appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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