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(영문) 대법원 2015.05.14 2015도3793
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding does not constitute a legitimate ground of appeal as provided in the above provision.

In addition, in light of the evidence and records duly adopted by the court of first instance, which maintained the reasoning of the judgment below, the court below is just in finding the defendant guilty of the facts charged in this case for the reasons stated in its holding, and contrary to what is alleged in the grounds of appeal, there is no error of law by misunderstanding the legal principles on the legality

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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