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(영문) 대법원 2016.03.24 2016도904
상습도박방조
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal based on unfair sentencing is permitted. As such, in the instant case where Defendant A was sentenced to a more minor punishment, the allegation that the amount of punishment is unfair is not legitimate.

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning, and there was no error of law by misapprehending the legal principles as to the behavior of gambling, contrary to what is alleged in the grounds of appeal.

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant B, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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