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(영문) 대법원 2015.04.09 2014도13222
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court acknowledged that the Defendant obstructed the performance of official duties of public officials B as shown in the facts charged in the instant case, and rejected the grounds for appeal as to mistake of facts or misapprehension of the legal doctrine that the said public official’s act constitutes legitimate performance of

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on obstruction of performance of official duties, self-defense,

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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