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(영문) 대법원 2015.01.15 2012도6838
게임산업진흥에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s appeal, the Defendant did not submit the appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

Therefore, the appeal against the defendant shall be dismissed by a ruling under Article 380 of the Criminal Procedure Act. However, the appeal shall be dismissed by a judgment en bloc with the defendant B.

2. Examining the grounds of appeal by Defendant B in light of the evidence adopted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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