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(영문) 대법원 2016.08.29 2016도7588
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendants were guilty of all of the facts charged in this case (excluding the part not guilty of Defendant G) on the grounds as indicated in its reasoning. In so doing, it did not err by exceeding the bounds of free conviction doctrine in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legality of “Dissolution order” under Article 20 of the Assembly and Demonstration Act, and intent in obstruction of general traffic.

2. According to the reasoning of the lower judgment on the grounds of the prosecutor’s appeal, the lower court, on May 8, 2014, among the facts charged against Defendant G, on the grounds stated in its reasoning.

5.9. We maintained the judgment of the first instance that acquitted the Defendant on the ground that the violation of the Act on the Assembly and Demonstration constituted a case where 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 there is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the legality of “disorder of dispersion” under Article 20 of the Assembly and Demonstration Act.

3. Therefore, 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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