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(영문) 대법원 2017.02.15 2016도8077

일반교통방해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence, which are the premise thereof, are the exclusive authority of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

Examining the reasoning of the record in light of the record, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules in determining that the land of this case constitutes “land” as provided in Article 185 of the Criminal Act on the grounds as stated in its reasoning.

is not recognized.

In addition, there is no error in the lower judgment by misapprehending the legal doctrine on “land access” in general traffic obstruction.

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

참조조문