2015Do8678 Obstruction of Performance of Official Duties, Injury

A person shall be appointed.

Defendant

Attorney S (Korean Office Line)

Law Firm T

Attorney U-V

Changwon District Court Decision 2014No2772 Decided May 21, 2015

September 10, 2015

The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal. In such a case, the argument that the judgment of the court below erred by misapprehending the legal principles as to the exercise of the right to appeal or by mistake of facts is not a legitimate ground for appeal.

In addition, the argument that the lower court’s determination of sentencing erred by misapprehending the legal principles constitutes an allegation of unfair sentencing. However, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. As such, the argument that the determination of punishment is unfair is not a legitimate ground for appeal.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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

Justices Kwon Soon-il

Justices Min Il-young

Justices Park Poe-young

Justices Kim Jae-han