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(영문) 대법원 2014.04.10 2014도947
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing with mental and physical disorder as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced, and thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the sentence

In addition, even though the court below's grounds of appeal include the Defendant's omission of judgment as to the grounds of appeal of mental disorder, considering the following factors: (a) the process of the instant crime, the method of crime, the act of the Defendant before and after the instant crime, and the circumstances after the instant crime, which were lawfully adopted and investigated by the evidence by the court of first instance maintained by the court below, it cannot be deemed that the Defendant was in a state of

Therefore, it cannot be said that the judgment of the court below contains any error of law that affected the conclusion of the judgment due to omission of judgment.

In addition, the argument that the defendant should be sentenced to medical treatment and custody cannot be a legitimate ground for appeal.

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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