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(영문) 대법원 2018.03.27 2018도996

공무집행방해등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred in violation of the law regarding the grounds for exclusion from liability is not a legitimate ground for appeal.

In addition, pursuant to 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

In addition, even if examining the record, the court below did not err by infringing on the defendant's right of defense in the trial procedure.

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