logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.06.04 2018도10001
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the relevant legal principles and the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment convicting the Defendant of general traffic obstruction among the facts charged in this case

In so doing, contrary to what is alleged in the grounds of appeal, 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 regarding the requirements for establishment of general traffic

2. As to the Prosecutor’s Grounds of Appeal

A. As to the violation of the Act on Assembly and Demonstration, the lower court reversed the judgment of the first instance that found the Defendant guilty on the ground that there was no proof of crime regarding the violation of the Act on Assembly and Demonstration among the facts charged in the instant case, and acquitted the part.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. (1) With respect to violation of the Assembly and Demonstration Act, the Constitutional Court rendered a ruling of inconsistency with the Constitution that "the part concerning "the National Assembly's intention" in Article 11 subparagraph 1 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter "the Assembly's decision") and Article 11 subparagraph 1 of the same Act in Article 23 shall not be in line with the Constitution," and "the above provision of the Act shall continue to apply until it was amended with the time limit of December 31, 2019," and "the above provision of the Act shall continue to apply until it was amended with the time limit of December 31, 2019 (the Constitutional Court Decision 2013Hun-Ba322, 2016Hun-Ba354, 2016Hun-Ba360, 398, 471, 201, 208, 2014)."

arrow