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(영문) 대법원 2016.11.10 2015도18883
특수공무집행방해치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding that the facts charged in this case were guilty of violation of the Act on Assembly and Demonstration in Seoul Central District Court 2008Kadan5026, 2010Kadan2939 (Joint), and general traffic obstruction (excluding the part not guilty at the court below). Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the amendment of indictment, joint principal offender, non-report or night demonstration prohibited by the Assembly and Demonstration Act, and the legal principles as to the legal interests and elements of the crime of obstruction of general traffic, etc.

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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