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(영문) 대법원 2016.03.24 2016도522
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and only argued the misunderstanding of facts as to mental disorder, misunderstanding of legal principles, and misunderstanding of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on interference with the performance of official duties and by failing to examine is not a legitimate ground for appeal.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds of its stated reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err

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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