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(영문) 대법원 2018.05.11 2017도20601
일반교통방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted all of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations and did not err by misapprehending the relevant legal doctrine, as alleged in the grounds of appeal.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not 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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