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(영문) 대법원 2017.10.26 2017도10890
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have convicted of the instant facts charged on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legality of protective measures under Article 4(1) of the Act on the Performance of Duties by Police Officers, and the legality of arrest of flagrant offenders, in the course of obstructing the performance of official duties.

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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