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(영문) 대법원 2014.03.27 2013도16091
공무집행방해등
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 by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no error of law of logic and experience and free evaluation of evidence.

Meanwhile, in the appellate brief for Defendant’s submission, the part that “the court below erred by violating the Constitution, laws, orders, and rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment,” is merely stated in such assertion, and did not state specific reasons, it cannot be deemed a legitimate ground for appeal.

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 more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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