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(영문) 대법원 2016.09.08 2016도9762
공무집행방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s judgment that found the Defendant guilty of the instant facts charged (excluding the part on acquittal in the grounds of appeal) on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err

In addition, pursuant to 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, and thus, in this case where a fine is imposed against the defendant, the argument that the amount of the

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court’s judgment that found the Defendant guilty on the ground that there was no proof of crime as to the obstruction of performance of official duties against K and the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case, is justifiable, and it did not err by misapprehending the legal doctrine on the scope of recognition of accomplice, contrary

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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