업무방해등
All appeals are dismissed.
The grounds of appeal are examined.
1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.
In such a case, there is an error of mistake in the judgment below.
The argument that a mental disorder was at the time of committing the crime cannot be a legitimate ground for appeal.
2. As to the grounds of appeal by Defendant B, the lower court found Defendant B guilty of all of the charges of larceny, assault, and special injury among the charges against Defendant B.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of larceny, assault, and special injury.
3. In a case where the sentencing is remarkably unfair as a result of an incomplete hearing on the grounds of appeal on the sentencing of the Defendants on the grounds of unfair sentencing, the Supreme Court’s precedents should be modified so as to
The argument that the court below violated Article 51 of the Criminal Act and the principle of responsibility for the balance of crimes or deviates from the inherent limits of sentencing discretion due to incomplete deliberation on the grounds for sentencing is an argument of unfair sentencing.
However, according to 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 is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed on the Defendants, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.