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(영문) 대법원 2016.02.23 2015도20307
사행행위등규제및처벌특례법위반등
Text

All appeals are dismissed.

The judgment of the court below is reversed in the first part of the first part of the judgment of the court below.

“....”

Reasons

The grounds for appeal are examined.

1. Review of the record on the grounds of Defendant A’s appeal reveals that Defendant A appealed against the judgment of the first instance, and only alleged unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for 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 A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the court of first instance, and asserted misunderstanding of facts, misunderstanding of legal principles, and withdrawal of the grounds of appeal by mistake of facts and misunderstanding of legal principles on the grounds of appeal, on the second trial date of the court below.

In such a case, the argument that the court below erred in the violation of the rules of evidence and the misunderstanding of legal principles is not a legitimate ground for 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 has been imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for final appeal.

3. According to the record as to the grounds of appeal by Defendant C, Defendant C appealed appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the court below erred in the violation of the rules of evidence and the misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, death penalty, life imprisonment or ten years.

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