업무방해등
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.
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 the crime of false entry into public electromagnetic records
Even if self-regulation is recognized, the court's discretionary mitigation or exemption of punishment is not illegal even if the court below did not reduce the self-regulation.
(see, e.g., Supreme Court Decision 2004Do2018, Jun. 11, 2004). Therefore, the allegation that the lower court erred by misapprehending the legal principles on self-denunciation and mitigation constitutes an allegation 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 defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.