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(영문) 대법원 2018.12.27 2018도17662
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Whether to adopt the application for examination of evidence is not necessary by the court at the discretion of the court

The court below rejected the Defendant’s application for examination of evidence. The court below rejected the Defendant’s application for examination of evidence. The court below rejected it.

of the defendant's right to a fair trial has been infringed.

subsection (b) of this section.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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.

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