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(영문) 대법원 2017.01.25 2016도17939
특수공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court, as stated in the judgment of the first instance court, determined that a public conspiracy relationship between the Defendant, N, A, etc. was established, and the Defendant’s act constitutes intimidation of the obstruction of the performance of official duties, on the other hand, does not constitute a legitimate act, and rejected the Defendant’s allegation in the grounds of appeal as to

The allegation in the grounds of appeal disputing the determination of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as well as the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the elements for obstructing the performance of special duties, the elements for obstructing the performance of duties, and the legitimate act, which is a ground for excluding illegality, or by exceeding the bounds of the free evaluation principle, contrary to logical

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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