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(영문) 대법원 2016.04.28 2016도1761
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds for appeal, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (except for the portion without charge) on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor on the part of the charge of interference with general traffic (excluding the part of conviction) among the facts charged in the instant case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and 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, or by misapprehending the legal principles on general traffic obstruction

3. 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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