logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.12.12 2013도12506
특수공무집행방해치상
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged.

In doing so, there is no error of law by misunderstanding the legal principles on legitimate execution of official duties in the crime of causing bodily injury to a special obstruction of official duties, which violates the law of logic and experience and free evaluation of evidence.

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder.

In addition, according to Article 383 subparagraph 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

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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

arrow