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(영문) 대법원 2017.09.07 2016도18349
집회및시위에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the grounds for appeal by the remaining Defendants except Defendant J in light of the evidence duly admitted, the lower court is justifiable to have determined that the said Defendants were guilty of all of the facts charged (excluding the portion without charge) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on dispersion order, general traffic obstruction, obstruction of business, legitimate acts, etc. under the Assembly and Demonstration Act.

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendants of the violation of the Assembly and Demonstration Act due to an unreported assembly on the grounds as stated in its reasoning and sentenced the Defendants not guilty on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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