beta
(영문) 대법원 2019.02.28 2018도20064

업무방해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

In this case where a more minor sentence is imposed against the defendant, the argument that the court below erred in the selection of evidence and its probative value, or in finding facts based thereon, shall not be a legitimate ground for appeal.

In examining the record, there was no error in the arrest, investigation, prosecution, and trial procedure of the defendant, as otherwise alleged in the 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.