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(영문) 대법원 2015.05.14 2015도3481

공무집행방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds for appeal that each of the crimes of this case was committed in the state of mental disorder, and the court below did not state the above statement of grounds for appeal and clearly withdraw his claim as to mental disorder on the date of the first trial of the court below, but the court below did not consider the grounds for appeal as the grounds for unfair

However, even after examining records, the omission of judgment by the court below is not likely to have been in a state of mental disorder at the time of each of the above crimes. Thus, the omission of judgment by the court below does not affect the conclusion

Meanwhile, under Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed against the defendant, the allegation that the amount of the sentence

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