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(영문) 대법원 2014.05.16 2013도13927
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s finding the Defendant guilty of general traffic obstruction as of March 7, 2012 among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the obstruction of general traffic obstruction by misapprehending the rules of logic

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the above defendant, the argument that the sentencing of the

2. According to the records as to Defendant B’s grounds of appeal, the above Defendant did not submit a statement of grounds of appeal within the statutory period, and the petition of appeal does not indicate the grounds thereof, and it cannot be deemed that legitimate grounds of appeal were submitted

3. Examining the grounds of appeal by Defendant C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable in maintaining the first instance judgment convicting the Defendant of the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the general traffic obstruction and resistance, or by exceeding the bounds of the principle of free evaluation of evidence.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the above defendant is allowed.

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