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(영문) 대법원 2014.05.29 2013도15084
특수공무집행방해치상등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendant was guilty of violating the Punishment of Violences, etc. Act (a collective deadly weapon injury) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle

Meanwhile, under 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 not less 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 punishment is unreasonable

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court was justifiable to have rendered a not-guilty verdict on the charge of violating the Road Traffic Act (Refusal of measurement) and causing bodily injury to special obstruction of performance of official duties among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no

3. Therefore, 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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