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(영문) 대법원 2017.05.11 2017도3856
국민체육진흥법위반(도박개장등)등
Text

All appeals are 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 and the first instance court as to the Defendants’ assertion on the grounds of appeal on additional collection, the lower court is justifiable to additionally collect KRW 563,03,00 from the Defendants for the reasons indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the imposition of additional collection, contrary to what is alleged in the grounds of appeal.

2. As to the remainder of Defendant C’s remaining grounds of appeal, the allegation that the lower court erred by mistake of facts as to sentencing conditions constitutes an unfair judgment.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in this case where a more minor sentence has been imposed against Defendant C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred in the misunderstanding of the legal principles as to the establishment of a joint principal offender is not a legitimate ground for appeal, which is alleged by Defendant C as the ground for appeal or by the court below's ex officio as the ground for appeal.

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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