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(영문) 대법원 2018.04.26 2018도2454
일반교통방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where the defendants were sentenced to a more minor punishment, the court below erred in its determination of evidence and probative value or finding facts based on it, or erred in the misapprehension of legal principles as to a crime of interference with general traffic under the premise of facts established by the court below, or all of the arguments that point out the misapprehension of legal principles as to a crime of interference with general traffic, are not legitimate grounds 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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