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(영문) 대법원 2017.06.08 2017도4869
공무집행방해등
Text

All appeals are dismissed.

Reasons

1. The defendant's appeal is examined;

The argument in the grounds of appeal is that the court below erred by failing to comply with the rules of evidence or failing to exhaust all necessary deliberations, even though the defendant was resisted by the victim H merely resisting the victim H by drinking the clicks of the victim D, and there was no insult by obsing the victim H, and thus, the court below erred by failing to exhaust all necessary deliberations.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

2. The prosecutor's appeal is examined.

The gist of the grounds of appeal is as follows: (a) under the evidence submitted by the prosecutor, the court below found the Defendant guilty of the obstruction of assault and performance of official duties among the facts charged in the instant case, and found the Defendant guilty of the charge contrary to the rules of evidence; and (b)

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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