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(영문) 대법원 2016.09.08 2015도17525

공무집행방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to the Defendant’s grounds of appeal, the court below is justified in finding the Defendant guilty of general traffic obstruction among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on general traffic obstruction and joint principal offenders.

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant of obstruction of performance of official duties among the facts charged in the instant case and acquitted the Defendant on the grounds stated in its reasoning.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misunderstanding the legal principles of obstruction of performance.

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