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(영문) 대법원 2015.09.10 2015도9800
사행행위등규제및처벌특례법위반
Text

The summary appeal is dismissed.

Reasons

The summary grounds of appeal are examined.

According to Article 372 of the Criminal Procedure Act, a summary appeal may be filed only when the judgment of the court of first instance does not apply to the facts recognized by it, when the court of first instance makes an error in the application of statutes, or when the punishment is repealed, altered or pardoned after the judgment of the court of first instance is rendered

However, the defense counsel's assertion that there was an error of unfair sentencing in the judgment of the first instance, which does not constitute a legitimate ground for appeal.

Therefore, the summary appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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