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(영문) 대법원 2020.06.29 2020도6187
공무집행방해등
Text

The appeal is dismissed.

The term "inspection" in the indication of the appellant of the judgment of the court below shall be corrected to two sides.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the court below's decision on the selection and probative value of evidence or its factual basis on the recognition of mental and physical disability is not a legitimate ground for appeal.

Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed, and since there is an obvious clerical error in the indication of the appeal, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

June 29, 2020

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