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(영문) 대법원 2020.03.12 2019도17936
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the part concerning obstruction of performance of official duties among the facts charged of this case.

The judgment below

Examining the reasoning of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the legality of the arrest procedure for flagrant offenders.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

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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