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(영문) 대법원 2015.07.09 2015도2282

일반교통방해

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below is just in finding the Defendants guilty of all the charges of this case on the grounds as stated in its holding, and there is no error of law by misapprehending the legal principles on the intent or illegality awareness of general traffic obstruction or by misapprehending the legal principles on abuse of public prosecution authority, as alleged in the grounds of appeal.

In addition, the argument that the court below violated the rules of evidence in sentencing constitutes the allegation 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 fine is imposed against the Defendants, the argument that the sentencing of a sentence is unreasonable

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