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(영문) 대법원 2014.05.29 2014도1535
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the court below rejected the grounds of appeal as to mistake of facts or misapprehension of legal principles disputing the above facts, on the ground that the act of the police officer, who the Defendants damaged the pents of this case and Defendant A assaulted the victim police officer, and attempted to arrest the above Defendant, constitutes legitimate performance of official duties.

The allegation in the grounds of appeal that misleads the facts is merely a challenge to the judgment of the court of fact-finding on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. While examining the reasoning of the judgment below in light of the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence,

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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