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(영문) 대법원 2015.10.15 2015도12054
특수공무집행방해치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just to have rejected the defendant's assertion on the mental and physical disorder based on its stated reasoning, and there is no error of incomplete deliberation as to mental and physical disorder as alleged in the grounds

In addition, the argument that the lower court erred by mistake of facts as to obstruction of the performance of official duties and injury among the facts charged in the instant case is not a legitimate ground for appeal, as it asserted in the final appeal that the Defendant did not regard it as the ground for appeal or that it did not have been subject to ex officio

In addition, 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 argument that the amount of punishment is unreasonable

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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