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(영문) 대법원 2018.03.15 2018도90
게임산업진흥에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and records, the lower judgment ordering the Defendant to collect a surcharge of KRW 44,860,000,000, based on the reasons stated in its reasoning, did not err by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal doctrine on the calculation of the surcharge, as

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 Defendant’s punishment is unfair because it is too unreasonable is not a legitimate

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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