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(영문) 대법원 2015.11.26 2015도2958
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the records, such as the background leading up to the instant crime, the method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

Therefore, although the court below did not judge the defendant's argument about the defendant's mental disorder, it did not err in the judgment below which did not recognize mental disorder, which affected the conclusion of the judgment.

In addition, pursuant 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 grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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