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(영문) 대법원 2013.09.26 2013도9630

공무집행방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles on insult, arrest of flagrant offenders, and lawful official

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no violation of law

In addition, pursuant to 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 more 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 punishment is too unreasonable is not

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