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(영문) 대법원 2014.12.24 2014도13223
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

There is no violation of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations and by violating logical and empirical rules.

On the other hand, the court below judged that the defendant did not have a state of mental disability at the time of committing the crime in this case in light of the circumstances, details of the crime in this case, and the defendant's behavior before and after the crime in this case, reversed the judgment of the court of first instance

Examining the records in accordance with the relevant legal principles, the judgment and measures of the court below are just, and there is no error of misapprehending the legal principles as to mental and physical disability, or violating the defendant's right to defense.

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 fine is imposed against the defendant, the argument that the sentencing of the

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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