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(영문) 대법원 2014.04.10 2014도2409

위계공무집행방해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the behavior of the defendant before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant was in a state of mental disorder or mental disorder at the time of the instant crime, and therefore, there is no illegality of not recognizing mental disorder in the lower judgment.

Meanwhile, according to the records, the defendant appealed against the judgment of the first instance, and asserted only unfair sentencing and mental and physical disability 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, in the appellate brief for Defendant’s submission, the part that “the court below violated the Constitution, laws, orders, and rules, or erred by misapprehending the legal principles, which affected the conclusion of the judgment,” is merely stated in such assertion, and did not state specific reasons therefor. Therefore, it cannot be deemed 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.

참조조문