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(영문) 대법원 2017.11.09 2017도14366
국민체육진흥법위반(도박개장등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the court below erred in violation of the evidence law does not constitute a legitimate ground for appeal.

In addition, examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to correct the judgment of the court of first instance for the reasons stated in its reasoning, and there is no violation of

Meanwhile, pursuant to Article 383 subparag. 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 more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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