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(영문) 대법원 2014.08.20 2014도6263
결혼중개업의관리에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal, the argument that the lower court’s violation of Article 51 of the Criminal Act by failing to actively consider the conditions of sentencing in sentencing constitutes an allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a fine is imposed against the defendant is not

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable in maintaining the first instance judgment convicting the Defendant of the facts charged in the instant case on the grounds stated in its reasoning, and there is no violation of the law of logic and experience and the principle of free evaluation of evidence.

3. 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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