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(영문) 대법원 2020.01.23 2019도18465
업무방해등
Text

The appeal is dismissed.

Of the indication of the case name of the judgment of the court below, "Intimidation" shall be deleted, and the third party 12 of the judgment of the court of first instance shall be deleted.

Reasons

We examine the grounds of appeal.

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

In such a case, the argument that the defendant was in a state of mental disorder at the time of committing the crime cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of law such as incomplete deliberation on sentencing conditions, misapprehension of legal principles, sentencing guidelines and violation of Article 51 of the Criminal Act is ultimately an

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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, the appeal shall be dismissed. Since the case name of the judgment below is clearly erroneous in the reasoning of the judgment of the court of first instance, it shall be revised in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by

January 23, 2020

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