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(영문) 대법원 2015.12.23 2015도15202
게임산업진흥에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles as to the additional collection charge cannot be a legitimate ground of appeal.

In determining the sentencing of the lower court, the lower court erred by mistake of facts regarding sentencing conditions.

The argument to the effect that the equality with the accomplice is against the principle of unfair sentencing is ultimately an assertion of unfair sentencing.

However, 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 punishment

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to Defendant C and D’s grounds of appeal, the lower court is justifiable in maintaining the first instance court’s collection of KRW 96,00,000 from Defendant C and KRW 72,00,000 from Defendant D, for the reasons indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by mistake of facts

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 labor for more 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 above Defendants, the argument that the sentencing of the sentence is unreasonable

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

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