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(영문) 대법원 2016.01.28 2015도18111
특수공무집행방해치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In this case, the argument that the judgment below erred in violation of Acts and subordinate statutes is not a legitimate ground for appeal.

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below has an error of significantly deviating from the limit of sentencing discretion is unfair.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair 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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