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(영문) 대법원 2015.07.09 2015도4470
일반교통방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the court below rejected the allegation in the grounds of appeal for mistake of facts and misapprehension of legal principles, and found the defendant guilty of the general traffic obstruction crime as stated in the judgment below, by recognizing that the defendant participated in the demonstration of this case and occupied

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if the reasoning of the lower judgment is examined in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the grounds for general traffic obstruction, social rules and illegality, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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