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(영문) 대법원 2014.05.16 2014도3196
게임산업진흥에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court, on the grounds indicated in its reasoning, determined that the Defendant received an average of KRW 100,000 per day of the instant criminal act and calculated the amount of additional collection.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

In addition, under Article 383 subparagraph 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 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 the above defendant, the argument that the amount of punishment is unreasonable

2. As to the grounds of appeal by Defendant C, the ground of appeal that the above Defendant did not consider it as the grounds of appeal, or that the lower court did not consider it as the subject of judgment ex officio, is not a legitimate ground 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 labor for more 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 the above defendant, the argument that the amount of punishment is unreasonable cannot

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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