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(영문) 대법원 2013.05.09 2012도14529
국민체육진흥법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In full view of the circumstances recognized in the first instance judgment as well as the circumstances indicated in the lower judgment, the lower court rejected the grounds for appeal as to mistake of facts and upheld the first instance judgment convicting of the facts charged in this case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of logic and experience and by exceeding the bounds of the free evaluation of evidence, or by misapprehending the legal doctrine on the degree of probative value of evidence to be admitted as guilty

In addition, 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

The remaining grounds of appeal concerning the process of investigation at the prosecutor's office are not legitimate grounds of appeal, as alleged in the grounds of appeal by the defendant, or by the court below that the defendant was not subject to an ex officio judgment.

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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