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(영문) 대법원 2018.01.24 2017도17596
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court’s determination that Defendant A was guilty of this case’s facts charged (excluding non-criminal part) with respect to Defendant A for the reasons indicated in its reasoning is justifiable.

In doing so, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on intentional act or indecent act in the establishment of a crime of violating the Assembly and Demonstration Act due to outdoor assemblies, the establishment of a crime of violating the Public Property and Commodity Management Act, the establishment of a crime of bodily injury, or a crime of coercion.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the court below to find the Defendants not guilty on the charge of violating the River Act, among the facts charged in the instant case, on the grounds as stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on river occupation and use.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

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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