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(영문) 대법원 2016.07.14 2016도696
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. 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 found the Defendants guilty of all interference with the duties among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the rules of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine on the obstruction of duties and the grounds of obstruction of illegality.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just that the court below reversed the judgment of the court of first instance which found the defendant guilty on the ground that the defendant A, B, and C violated the Punishment of Violences, etc. Act (joint confinement), the violation of the Punishment of Violences, etc. (joint assault) against the defendant A and B, and the violation of the Punishment of Violences, etc. (joint assault) against the defendant A constituted a case where there is no proof of criminal facts. In addition, contrary to the allegations in the grounds of appeal, the court below did not err by violating the logical and empirical rules, exceeding the bounds of free evaluation principle, or by misapprehending the relevant legal principles.

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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