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(영문) 대법원 2018.04.26 2018도1858

공갈등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the relevant legal principles and evidence, the lower court found the Defendant guilty of intimidation, interference with the performance of official duties, and obstruction of official duties among the facts charged of this case, and, contrary to what is alleged in the grounds of appeal, erred by misapprehending the bounds of the principle of free evaluation of evidence by violating the law of evidence,

subsection (b) of this section.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof of crime regarding defamation among the facts charged in the instant case, and sentenced the Defendant not guilty.

In light of the record, the lower court did not err by misapprehending the rules of evidence, the trial-oriented principle, and the principle of direct trial without examining the record, as alleged in the grounds of appeal.

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