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(영문) 대법원 2014.12.24 2014도14422
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as otherwise alleged in the

In addition, the argument that there is an error of mistake of facts in the judgment of the court below is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the court below did not consider it as a ground for appeal or ex officio

In addition, under 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 not less 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 amount of punishment is unreasonable

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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