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(영문) 대법원 2017.01.25 2016도19202
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The record reveals that the court below did not judge the defendant's mental and physical reasons alleged in the statement of reasons for appeal.

However, examining the evidence as well as the evidence duly admitted, it can be known that the defendant, although he had a drinking condition at the time of the crime of this case, he did not have a mental or physical loss or mental weakness. Thus, there was an error of law that affected the conclusion of the judgment due to the omission of the above judgment.

subsection (b) of this section.

In addition, in light of the reasoning of the lower judgment regarding the grounds for appeal that there was an error in violation of Article 51 of the Criminal Act in the lower judgment, the aforementioned ground of appeal is ultimately an unfair argument for sentencing.

Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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