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(영문) 대법원 2017.05.31 2017도4152
경매방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases of which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the recognition of facts without specific grounds for violation of law, etc. of the judgment below is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the public prosecutor on the ground that there is no evidence of crime regarding the obstruction of auction among the facts charged in the instant case, and there is no error of law by misapprehending the legal principles as to obstruction of auction as alleged in the grounds of

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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

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