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(영문) 대법원 2013.04.26 2013도2725

업무방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just to have rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law such as misconception of facts as to the mental and physical disorder

In addition, the grounds of appeal are nothing more than the argument of unfair sentencing, such as the incomplete hearing on the grounds of sentencing or the violation of the rules of evidence. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the amount of punishment is unfair is not legitimate grounds of appeal

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