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(영문) 대법원 2018.01.25 2017도17537
국민체육진흥법위반(도박개장등)등
Text

All appeals are dismissed.

The order of the 3th judgment of the first instance court is on the 12th page, which shall be from the 8th side to the 2th side of the order.

Reasons

The grounds for appeal are examined.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendants were sentenced to a more minor punishment, the argument that punishment is too unreasonable is not a legitimate appeal.

Therefore, all appeals by the Defendants are dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that there is an obvious clerical error in the first instance court and the judgment of the court below, thereby correcting it in accordance with Article 25(1) of the Regulation on Criminal Procedure.

January 25, 2018

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