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(영문) 대법원 2016.10.27 2016도6036

특수공무집행방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence of Defendant A’s ground of appeal duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty on the following grounds: (a) the facts charged in the instant case against the Defendant as of December 27, 2013; (b) March 11, 2015; (c) March 17, 2015; (d) April 28, 2015; (e) May 13, 2015; and (e) May 14, 2015; and (e) the facts charged in violation of the Act on Assembly and Demonstration as of May 14, 2015.

In addition, there was no error by misapprehending the legal principles on the violation of the Assembly and Demonstration Act, the act of a political party, the grounds for the exclusion of responsibility, and the legality of the performance of official duties.

In addition, the argument that the court below's decision of sentencing contains an error of incomplete deliberation is ultimately an argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years

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

2. Examining the evidence duly admitted and examined by the court below and the first instance court on the grounds of appeal by Defendant B, Defendant C, and Defendant D, the court below is justified in holding that the court below erred by misapprehending the Act on the Promotion of Special Performance of Official Duties and the Assembly and Demonstration among the charges of this case against Defendant B and Defendant C, and all the charges of this case against Defendant D are guilty.

There is no error by misapprehending the legal principles on the legality of the performance of official duties.

In addition, the argument that the court below's decision of sentencing contains an error of incomplete deliberation is ultimately an argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, the appeal on the ground of unfair sentencing is sentenced to death penalty, imprisonment with or without prison labor for life or for not less than ten years.