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(영문) 대법원 2020.04.29 2020도2548

권리행사방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted all of the facts charged of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the obstruction of exercise of rights and the establishment of a crime of violating the Automobile Management Act.

In addition, since the progress of trial proceedings and the adoption of the application for examination of evidence belong to the court's discretion in principle, even if the court below rejected the defendant's application for the witness and the application for the resumption of pleadings, it cannot be deemed that the court below erred by infringing on the defendant'

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

참조조문