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(영문) 대법원 2020.04.09 2020도1989
한국마사회법위반(도박개장등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to accomplice does not constitute a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of law such as misunderstanding of facts and misunderstanding of legal principles is ultimately unfair sentencing.

However, according to 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, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed against A, the argument that punishment is too unreasonable cannot be a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant B and C, the lower court found Defendant B guilty of the facts charged against the above Defendants and maintained the first instance judgment that collected KRW 57,200,00 from Defendant B and KRW 28,80,000 from Defendant C, as it is, and explained Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment on the grounds of additional collection against the above Defendants.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on collection of criminal proceeds under the Act on Regulation and Punishment

In addition, the argument that the amount of additional collection against the above Defendants is too unreasonable is ultimately an argument of unfair sentencing.

However, according to 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 has been imposed, the grounds for unfair sentencing

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