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(영문) 대법원 2016.12.29 2016도15709
특수공무집행방해치상등
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, the lower court is justifiable to have found the Defendant guilty of causing special obstruction of performance of official duties among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on causation and predictability in an aggravated crime, beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is just to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds of its reasoning, and there is no error

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed on the defendant, the argument that the 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.

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