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(영문) 대법원 2014.08.20 2014도6852
게임산업진흥에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable to order the lower court to collect the criminal proceeds of the Defendant from July 2012 to August 2013 by deeming the criminal proceeds of the Defendant as KRW 93 million for the reasons indicated in its reasoning. In so doing, the lower court did not err by misapprehending the facts against the rules of evidence or by misapprehending the legal doctrine on additional collection.

In addition, pursuant to 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. Examining the reasoning of the lower judgment on Defendant D’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the facts charged in this case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of logic and experience and the rules of evidence

3. 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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