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(영문) 대법원 2018.03.29 2017도20590
국민체육진흥법위반(도박개장등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the allegation of the grounds of appeal on collection, the lower court is justifiable to have determined that all the charges of this case against the Defendant were found guilty on the grounds indicated in its reasoning and sentenced to the penalty surcharge of KRW 900,400,000. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the assertion of the reason for an unfair appeal, an appeal is permitted only for a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the amount of punishment is unfair is not a legitimate ground for

3. 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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