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(영문) 대법원 2015.01.15 2014도14998
일반교통방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “land access” and “general traffic obstruction.”

In addition, according to the records, the defendant's assertion on the defendant's self-defense was made after the expiration of the period of appeal, and even if the court below did not decide on the issue of self-defense, it cannot be said that the judgment was omitted.

In addition, as seen above, the assertion of misapprehension of legal principles as to the assertion of self-defense, the act of a political party, and the act of self-defense is not a legitimate ground for appeal since the defendant alleged that it was the ground for appeal or that it was not subject to an ex officio decision

Furthermore, even if examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

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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