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(영문) 대법원 2014.08.28 2014도8699
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of various circumstances indicated in the records, such as the background leading up to the instant crime, the behavior of the Defendant at the time of the instant crime, and the circumstances after the crime, etc., it cannot be said that the Defendant had had the ability to discern things or make decisions due to his taking place at the time of the instant crime, and thus, there was no error of law that did not recognize mental disorder

In addition, the argument that the court below erred in failing to exhaust all necessary deliberations on the circumstances under which the sentencing conditions are imposed is the argument of unfair sentencing.

However, under 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 not less 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 above assertion to the effect that the sentencing of

Any other reason alleged in the grounds of appeal by a defendant shall not be a legitimate ground of appeal, which is a new argument in the final appeal that the court of final appeal takes it as the grounds of appeal or is not subject to ex officio adjudication.

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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