logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.05.24 2016도4143
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about mental and physical weakness based on the circumstances as stated in its holding, and there is no violation of law of incomplete deliberation as to mental and physical disorder as alleged in the grounds of appeal.

In addition, even if the record is examined, the court below did not err by infringing on the defendant's interest and defense right in the court.

Meanwhile, the argument that the lower judgment’s failure to deliberate on the grounds for sentencing constitutes an unfair judgment.

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 more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable 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.

arrow