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(영문) 대법원 2019.3.14.선고 2017도7459 판결

가.일반교통방해·나.집회및시위에관한법률위반·다.특수공무집행방해·라.범인도피

Cases

2017Do7459 (a) General traffic obstruction

(b) Violation of the Assembly and Demonstration Act;

C. Special obstruction of performance

(d) A criminal escape;

Defendant

1. (a) b. (c) d. A;

2. (c) d. B

3. (c) d. C

4. D. D.

5. (a) (c) d. E

Appellant

Defendants

Defense Counsel

Law Firm Inn (For the Defendants)

Attorney taxization, Dualop, Shin Young-hee, Kim Jong-hee, Cho Jong-jin

Judgment of the lower court

1. Seoul Central District Court Decision 2017No380 decided April 27, 2017 (Separation)

2. Seoul Central District Court Decision 2017 - 380 - 1 (Separation) Decided May 11, 2017

Imposition of Judgment

March 14, 2019

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below is just to have found the defendant guilty of committing the crime in this case's facts charged, and contrary to the allegations in the grounds of appeal, the court below 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 principles as to the crime of aiding and abetting and co-principal, or by failing to exhaust all necessary deliberations as to the unconstitutionality of the performance of official duties in the special obstruction of performance of official duties in the judgment below, is not a legitimate ground of appeal since the defendants' grounds of appeal

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

Justices Park Jae-young

Chief Justice, Justice Lee Ki-taik

Justices Kim Jong-il

Justices Park Il-san

Jeju High Court Justice Kim Jong-soo

심급 사건
-서울중앙지방법원 2017.4.27.선고 2017노380