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(영문) 대법원 2017.01.25 2016도19345
국민체육진흥법위반(도박개장등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). According to the reasoning of the lower judgment, the lower court determined that all of the relevant criminal facts were guilty by citing the criminal facts in the first instance judgment.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is the purport of disputing the determination of facts by the court below. It is nothing more than denying the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the evidence duly admitted, the court below did not err by misapprehending the legal principles as to joint principal offenders and aiding and abetting crimes,

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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

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