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(영문) 대법원 2018.06.15 2017도6543
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of the facts charged in this case (excluding the portion without charge) on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free conviction due to violating the logical and empirical rules, or by misapprehending the legal principles on political party defense, legitimate act, obstruction of business

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence 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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