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(영문) 대법원 2014.07.10 2014도5785

업무방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding mental disorder or by exceeding the bounds of the principle of free evaluation of evidence.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued unfair sentencing and mental and physical disability as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, 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 amount of punishment is unreasonable

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