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(영문) 대법원 2016.06.09 2016도4783
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 by the court below, it is just for the court below to have determined that all of the facts charged in this case was guilty and rejected the Defendant’s assertion as to the mental and physical disorder on the grounds as stated in its reasoning. There is no error in the misapprehension of legal principles as to the legality of the execution of official duties in the crime of causing injury to the performance of special official duties, or in the misapprehension of legal principles as to the legality of the performance of official duties in the crime of causing injury to the performance of official duties, without

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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