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(영문) 대법원 2017.09.07 2017도9445
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the misapprehension of the legal principles on citizen participation trials, the lower court upheld the first instance judgment convicting the Defendant of the instant facts charged, contrary to the verdict of innocence, on the grounds that the Defendant was found to have obstructed the legitimate performance of duties by police officers and witnesses based on the testimony, etc. of the victimized police officers and witnesses.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the validity of the jury verdict in a citizen participation trial, or by misapprehending the rules of logic and experience, contrary to what is alleged in the grounds of appeal.

2. On the assertion of a justifiable act, the Defendant merely resisted against the police officer’s illegal traffic control without exercising his/her force, and the Defendant’s act is not contrary to social norms, and the illegality is excluded by Article 20 of the Criminal Act.

However, the Defendant’s ground of appeal on this part was erroneous in the misapprehension of legal principles as to the grounds for exclusion of illegality on the premise of facts different from the facts acknowledged by the

Since the appeal is not a legitimate ground for appeal.

B. While examining the record, the lower court did not err by misapprehending the legal doctrine on acts that do not go against the social norms prescribed in Article 20 of the Criminal Act, as alleged in the grounds of appeal.

3. 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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