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(영문) 대법원 2020.04.29 2020도2693
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds stated in its reasoning, the lower court upheld the first instance judgment that acquitted the part concerning the obstruction of performance of official duties on June 29, 2018 among the facts charged in the instant case, and reversed the first instance judgment that found the Defendant guilty of the obstruction of performance of official duties on August 31, 2018, and acquitted the Defendant.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment 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 establishment of obstruction

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

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

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