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(영문) 대법원 2020.02.06 2019도17248
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendants on the charge of violation of the Punishment of Violences, etc. Act (joint injury) among the charges against the Defendants on the ground that there is no proof of crime

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of crimes of violation of the Punishment of Violences, etc. Act

Although prosecutor appealeds the entire judgment of the court below against Defendant A, neither the petition of appeal nor the appellate brief states any grounds for objection to the guilty portion against Defendant A.

The prosecutor asserts that the sentence of the court below, which sentenced a fine of KRW 3 million to Defendant A, is too uneased and unreasonable.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the ground of unfair sentencing may be allowed. However, under Article 383 subparagraph 4 of the Criminal Procedure Act, a prosecutor cannot appeal on the ground that the

(see Supreme Court Decision 2016Do1108, 2016Do12, April 15, 2016). Therefore, the Prosecutor’s allegation in this part is not a legitimate ground for appeal.

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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