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(영문) 대법원 2016.03.24 2015도12129
특수공무집행방해치상등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted Defendant B of all violations of the Assembly and Demonstration Act among the facts charged in the instant case on the grounds indicated in its reasoning.

As alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the violation of the Assembly and Demonstration Act, the legitimate act, and the grounds for exclusion from responsibility.

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendants on the charge of obstructing each of the instant facts charged, on the grounds that there was no proof of crime, and acquitted the Defendants.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the force of obstruction of duties, contrary to what is alleged in the ground of appeal.

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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