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(영문) 대법원 2013.03.28 2013도1218
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s finding the Defendant guilty of insult among the facts charged in the instant case on the grounds stated in its reasoning is just, and there is no error of law by misapprehending the bounds of the principle of free evaluation of evidence or by misapprehending the relevant legal principles.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and asserted only the misconception of facts about unfair sentencing and insult among the facts charged in the instant case as the grounds for appeal.

In such a case, the argument that the court below erred in the incomplete hearing on the issue of mental disorder and interference with business among the facts charged in this case is not a legitimate ground for appeal.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, may be appealed on the ground that the amount of punishment is extremely unreasonable. Thus, in this case where the defendant was sentenced to imprisonment for a period of eight months, the argument that the punishment is too unreasonable 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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