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(영문) 대법원 2013.12.12 2013도12749

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 was just in finding the Defendant guilty of both the injury and obstruction of the performance of official duties among the facts charged in this case on the grounds as stated in its reasoning, and there were no errors by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of logic and experience

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 sentencing of

In addition, the grounds of appeal asserted in the grounds of appeal are not legitimate grounds of appeal, as they are asserted in the grounds of appeal by the defendant as the grounds of appeal, or by the court below as the subject of ex officio decision

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