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(영문) 대법원 2018.07.12 2018도3683
특수공무집행방해
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 was justifiable to have determined that the instant facts charged was guilty on the grounds indicated in its reasoning and rejected the assertion on mental and physical weakness.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the obstruction of the performance of special duties, without exhausting all necessary deliberations, as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below erred in the incomplete deliberation of the sentencing grounds is ultimately an unfair argument in sentencing.

Therefore, under 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 not less than ten years has been imposed, a final appeal is permitted on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for final 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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