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(영문) 대법원 2014.05.16 2014도3490

공무집행방해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the first instance court, the lower court was justifiable to have determined that the facts charged in the instant case was guilty on the grounds stated in its reasoning.

In doing so, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on obstruction of performance

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.