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(영문) 대법원 2017.05.31 2017도3805
공무집행방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of the Defendant’s appeal, the court below was justified in finding the Defendant guilty of damages to public goods among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, 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 intentional act, defense of a political party, or legitimate act in the crime of damaging public goods.

According to the records, the defendant and his defense counsel did not assert mental and physical weakness on the first trial date of the court below as separate grounds for appeal, and only asserted that the court below did not render ex officio judgment on this matter. Thus, the argument that the court below erred in omission of judgment as to mental and physical disorder is not a legitimate ground for appeal.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the Defendant was in a state of mental disorder at the time of committing the instant crime.

There is no recognition.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor on the ground that there was no proof of crime regarding the obstruction of performance of official duties among the facts charged in the instant case.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal doctrine on the scope and legality of the execution of official duties in the obstruction of performance of official duties.

On the other hand, the prosecutor appealed against the defendant as to the whole of the judgment of the court below, but the remaining guilty portion is not indicated in the petition of appeal or the reasons for appeal.

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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