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(영문) 대법원 2020.04.24 2020도3501
공무집행방해
Text

The appeal is dismissed.

The judgment below

The term "six months of imprisonment" in the second sentence shall be corrected to "eight months of imprisonment".

Reasons

We examine the grounds of appeal.

According to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed, and since there is an obvious clerical error in the reasoning of the judgment of the court below, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by

April 24, 2020

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