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(영문) 대법원 2015.09.24 2015도11014

특수공무집행방해치상

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below’s determination that all of the facts charged in this case is guilty is just and there is no error of law of logic and experience and free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the court below erred in violating the principle of balanced criminal punishment or the principle of responsibility in sentencing or failing to exhaust all necessary deliberations on the circumstances subject to the conditions of sentencing constitutes an allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment 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 more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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