beta
(영문) 대법원 2018.07.20 2018도8104

도로교통법위반(음주운전)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the lower court convicted all of the charges of interference with the performance of official duties and violation of the Narcotics Control Act (fence) among the charges in the instant case on the grounds stated in its reasoning.

As alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legality of performing duties in the crime of interference with the performance of official duties and the violation of the Narcotics Control Act.

Meanwhile, the argument that the lower court erred in the misapprehension of the legal doctrine on the admissibility of CDs’ evidence is not a legitimate ground for appeal, since the Defendant’s assertion that there was no error in the misapprehension of the legal doctrine on the admissibility of CDs, or the lower court’s ex officio

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