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(영문) 대법원 2014.01.29 2013도15065
업무방해
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the record in light of the relevant legal principles, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by recognizing facts contrary to logical and empirical rules, or by misapprehending the legal principles on force or legitimate act.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the grounds for the imposition of

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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