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(영문) 대법원 2013.03.14 2012도16335

공무집행방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on its stated reasoning is just and there is no error of law by misapprehending the legal principles on mental and physical disorder

Meanwhile, according to the records, the defendant appealed against the Suwon District Court Decision 2012 High Court Decision 2012 High Court Decision 1434 and asserted only unfair sentencing and mental and physical disorder as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

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.