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(영문) 대법원 2013.06.27 2013도5604

업무방해등

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the records, we affirm the court below's rejection of the defendant's argument about the mental and physical disorder based on its stated reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors by misapprehending the legal principles on mental disorder.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

Any other ground for appeal shall not constitute a legitimate ground for appeal prescribed in Article 383 of the Criminal Procedure Act.

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