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(영문) 대법원 2014.01.29 2013도13926
일반교통방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant G’s appeal, Defendant G did not submit an appellate brief within the statutory period, and the grounds for appeal are not indicated in the petition of appeal.

2. Examining the grounds of appeal by the remaining Defendants except Defendant G in light of the evidence duly admitted by the court below, the court below was justified in rejecting the aforementioned Defendants’ justifiable acts and finding the Defendants guilty of the facts charged.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles on justifiable acts.

Meanwhile, under Article 383 subparag. 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where Defendant H’s minor punishment has been imposed, the argument that the amount of punishment is unreasonable cannot be

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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