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(영문) 대법원 2017.12.13 2017도15607
업무방해
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 the 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 stated in its reasoning, the lower court determined that the Defendant’s act of obstructing the progress of the instant conference by force was a legitimate act, and that the act did not constitute a legitimate act, and rejected the Defendant’s allegation on the grounds of appeal as to

The ground of appeal disputing the determination of the lower court among the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which is substantially the lower court’s free judgment. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the procedure for examination of evidence, contrary to what is alleged in the ground of appeal, by exceeding the bounds of free conviction due to violation of logical and empirical rules, by exceeding the bounds of the principle of logic and experience, or by failing to exhaust all necessary deliberations, thereby adversely affecting the conclusion of the judgment.

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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