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(영문) 대법원 2017.03.30 2016도17683
집회및시위에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court reversed the judgment of the first instance that found Defendant A guilty on April 15, 2014 of the facts charged in the instant case against Defendant A, B, and C, and affirmed the first instance judgment that found Defendant A guilty of causing interference with the performance of special official duties, obstructing the performance of special official duties, and violating the Assembly and Demonstration Act (excluding the part on the grounds of innocence of Defendant A). Of the facts charged in the instant case, the lower court affirmed the first instance judgment that acquitted Defendant A of the facts charged against Defendant A of violation of the Act on the Assembly and Demonstration of March 31, 2014, of the facts charged in the instant case, of violation of the Act on April 15, 2014, (the part on the grounds of innocence of the first instance trial) and the facts charged against Defendant D.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and it 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 principles on joint principal offenders of public offering.

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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