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(영문) 대법원 2014.05.16 2014도1861

업무방해

Text

The appeal is 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 lower court, the lower court was justifiable in maintaining the first instance judgment convicting the Defendant of the instant facts charged on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not

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.