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(영문) 대법원 2017.09.21 2017도8608
공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds

Meanwhile, in a written judgment, a judge’s signature and seal is affixed (Article 41 of the Criminal Procedure Act), but the signature and seal of the judge is not necessary until the copy of the judgment served on the defendant (see Supreme Court Decision 2007Do3060, Jun. 28, 2007). Therefore, inasmuch as there is an error of omitting the signature and seal of the judge in the first instance trial and the judgment of the court below on a different premise, the allegation of the grounds of appeal that there is an omission

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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