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(영문) 대법원 2020.04.09 2020도1181
국민체육진흥법위반(도박개장등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, Defendant A may file an appeal on the ground of unfair sentencing only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for at least ten years is pronounced

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is unreasonable is not a legitimate ground for appeal.

2. The lower court found Defendant C guilty of the facts charged against Defendant C and collected KRW 105,267,000 from Defendant C in accordance with Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Regulation of Criminal Proceeds Concealment”).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on additional collection under the Act on the Regulation of Criminal Proceeds Concealment.

The assertion that there is an error in the method of sentencing review and sentencing determination constitutes an unreasonable sentencing argument.

As seen above, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been pronounced may be appealed on the ground of unreasonable sentencing.

Therefore, in this case where a more minor sentence is imposed against Defendant C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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