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(영문) 대법원 2015.01.29 2014도15221
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the Defendant asserted in the statement of grounds of appeal that he asserts self-defense or legitimate act as to the insult of the facts charged in the instant case. On the first day of the trial of the lower court, the Defendant stated the above statement of grounds of appeal on the grounds of appeal and did not clearly withdraw the assertion of legal principles, the lower court merely rejected the Defendant’s appeal on the ground that the Defendant’s grounds of appeal are unreasonable, and dismissed the Defendant

However, in light of the evidence duly admitted by the court of first instance, the court below's judgment of the court below can be found guilty of insult among the facts charged of this case. Thus, the omission of judgment by the court below is not an error of law that affected the conclusion of the judgment.

In addition, pursuant 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 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

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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