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(영문) 대법원 2016.02.18 2015도20124
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the record, such as the background leading up to each of the crimes in this case, the method of commission of the crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, the defendant was in a state of mental and physical disorder at the time of each

Therefore, there is an error of law not recognizing mental disorder in the judgment below.

subsection (b) of this section.

In addition, 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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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