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(영문) 대법원 2015.01.15 2014도15059
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charges of this case were guilty is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on self-defense or legitimate act.

In addition, the issue of whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 2011). Thus, even if the court below did not accept the application for witness of the defendant, it cannot be deemed unlawful.

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. Thus, in this case where a fine is imposed against the defendant, the argument that the sentencing of the sentence

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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