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(영문) 대법원 2016.01.14 2015도17528
게임산업진흥에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced, an appeal based on unfair sentencing is allowed. As such, in the case where Defendant B was sentenced to a more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment as to Defendant D’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that all of the charges of this case against Defendant D were guilty on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding

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 Defendant D’s minor punishment is imposed, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. 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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