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(영문) 대법원 2014.03.13 2014도912
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records, the Defendant appealed against the judgment of the first instance, and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

2. According to the records, in the statement of grounds for appeal, the Defendant asserted that, under the influence of alcohol at the time of each of the instant crimes, the Defendant was in a state of lacking the ability to discern things or make decisions, and on the first trial date of the lower court, the Defendant stated the above statement of grounds for appeal and did not clearly withdraw the above assertion of mental disability, the lower court merely rejected the Defendant’s appeal by deeming the Defendant’s grounds for appeal only as the allegation of unfair sentencing, and dismissed the Defendant’s appeal

However, in full view of the evidence duly admitted by the first instance court, it is difficult to view that the defendant was in a state of mental disorder or mental disorder at the time of each of the crimes in this case, and therefore, there is no illegality of not recognizing mental disorder in the judgment below, and the omission of the judgment in the above judgment of the court

3. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

4. 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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