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(영문) 대법원 2015.05.14 2015도979

특수공무집행방해

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 first instance court, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the obstruction of performance of official duties.

In addition, the argument that a fine imposed by the court below is illegal on the ground that it was based on the mistake of interpretation of the law on the incomplete hearing and sentencing conditions constitutes an unfair sentencing

However, according to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentence is too unreasonable 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.