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(영문) 대법원 2014.10.30 2014도5035
공무집행방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A and B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have found Defendant A and B guilty of the facts charged of this case on the grounds as stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

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 Defendant A and B, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable to reverse the first instance judgment that acquitted Defendant C of the facts charged in the instant case on the grounds as stated in its holding, and there is no violation of the law of logic and experience and the principle of free evaluation of evidence.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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