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TITLE Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 ¡¼Violation of the Game Industry Promotion Act; Opening of Gambling Facilities¡½ [full Text]
Summary
[1] In cases where there is no change in the conditions of sentencing from the first instance judgment, and the sentence pronounced by the first instance court does not exceed the reasonable bounds of the court¡¯s discretion, whether the appellate court should defer to the said sentence (affirmative); and the cases in which the appellate court shall reverse the first instance judgment for unfair sentencing

[2] In cases where an appellate court reverses the judgment of the first instance on the grounds of unfair sentencing because the sentencing does not coincide with its own, whether the appellate court¡¯s methods of review of and decision on the sentencing are always unlawful (negative); and whether the judgment of the lower court is unlawful for failing to specify the reasons constituting the conditions of sentencing, even though it delineates the materials constituting the grounds of sentencing and the contents pertinent to determination thereon without any inconsistency (negative)
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