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(영문) 대법원 2016.04.28 2016도2242

공무집행방해

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, there is no error of violation of the right to counsel or the interests of the court of first instance and the court of appeal against the defendant in the trial proceedings, or violation of the judgment of the court below as to mental and physical disorder.

In addition, the argument that the judgment of the court below is erroneous in infringing on the essential contents of the principle of balance of punishment or the principle of responsibility.

According to Article 383 (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 is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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