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(영문) 대법원 2015.11.26 2015도11868
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below on the grounds of appeal by the prosecutor, the court below maintained the relevant part of the judgment of the court of first instance which acquitted the public prosecutor on the ground that all of the facts charged in the instant case constituted a case where there is no evidence of crime regarding the violation of the Act on Assembly and Demonstration.

The judgment below

In light of the records, the above determination by the court below is just, and there were no errors 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 on co-principal.

On the other hand, the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the entire judgment of the court below, but did not submit the grounds for appeal

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, we affirm the lower court’s judgment that found the Defendant guilty of violating the Punishment of Violences, etc. Act (joint residence intrusion) among the facts charged in the instant case on the grounds stated in its reasoning, and that the lower court reversed and convicted the Defendant of the violation of the Punishment of Violences, etc. Act (joint residence intrusion) among the judgment of acquittal in the first instance. In so doing, the lower court did not err by misapprehending the legal doctrine on legitimate

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

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