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(영문) 대법원 2015.05.28 2014도17674
특수공무집행방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the ground that the facts charged in the instant case constituted a case where there is no proof of crime regarding the crime of causing fire to the public building among the facts charged. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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