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(영문) 대법원 2016.01.28 2015도16016

공무집행방해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court determined that the instant facts charged was guilty on the grounds indicated in its reasoning.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legality of the performance of official duties, as alleged in the grounds of appeal.

In addition, pursuant 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, a final appeal may be filed on the grounds of an unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for final appeal.

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