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(영문) 대법원 2013.07.11 2013도5327

공무집행방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds for appeal that the crime of this case was committed in a state of mental or physical disability, and did not withdraw his claim on the date of the original trial, but the court below held that the defendant's grounds for appeal only deemed the defendant's grounds for appeal as grounds for unfair sentencing, and did not render a judgment on the

However, in light of the records, since the defendant at the time of the crime of this case seems to have been in a weak state in the ability to discern things or make decisions, the above omission of judgment does not affect the conclusion of the judgment.

In addition, the argument that the court below erred in the misapprehension of the legal principles as to the crime of obstruction of performance of official duties is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not regard it as the ground for appeal or that the court below did not

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