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(영문) 대법원 2015.06.24 2015도5873
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the court below and the court of first instance, it is just to find the court below guilty of the injury caused by special obstruction of performance of official duties among the facts charged in this case for the reasons stated in its holding, and there is no violation of the principle of no accusation.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the legality of the execution of official duties is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or not ex officio.

Although examining records, there is no error of misapprehending the legal principles as alleged above.

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

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