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(영문) 대법원 2018.04.24 2018도1706

일반교통방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the violation of ordinary traffic obstruction and business obstruction on February 5, 2015 among the facts charged in the instant case, and sentenced the Defendant not guilty.

Even if examining the record, the court below did not err in its determination by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on general traffic obstruction and business obstruction, contrary to what is alleged in the ground of appeal.

2. Examining the reasoning of the lower judgment on the grounds of the Defendant’s final appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court, on February 22, 2015, found the Defendant guilty of obstruction of ordinary traffic and business operations on the instant facts charged on the grounds stated in its reasoning, did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on obstruction of traffic and business operations, contrary to what is alleged in the grounds of final appeal.

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