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(영문) 대법원 2016.03.24 2016도1329
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 assertion about the mental and physical disorder on the grounds of its stated reasoning, and there is no error as alleged in the grounds of appeal.

In addition, the argument that the lower judgment erred by misapprehending the legal doctrine on sentencing is ultimately an unreasonable argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unfair is not a legitimate

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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