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(영문) 대법원 2015.01.29 2014도16654
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The ground of appeal that there was an error of incomplete deliberation and misconception of facts in the judgment of the court below finding guilty of the facts charged in this case is nothing more than an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and there

In addition, 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unreasonable in this case where

In this regard, the argument that there is an error of law in the misapprehension of legal principles or incomplete hearing in the judgment of the court below is not a legitimate ground for appeal.

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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