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(영문) 대법원 2013.05.23 2012도14831
특수공무집행방해등
Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. Examining the evidence adopted by the court of first instance as to the Defendants’ grounds of appeal in light of the relevant legal principles, the court below’s finding the Defendants guilty of each of the remaining parts of the charges of this case, excluding the violation of the Assembly and Demonstration Act by giving notice of prohibition to Defendant A after holding an assembly, on the grounds as stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending facts in violation of logical and empirical rules, by misapprehending the legal doctrine on the legality of performing official duties, or by failing to exhaust all necessary deliberations.

2. Examining the Prosecutor’s grounds of appeal, it is justifiable for the lower court to maintain the first instance judgment which acquitted Defendant A on the ground that there was no proof of crime regarding the violation of the Assembly and Demonstration Act due to the holding of assembly after notifying Defendant A of prohibition, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the violation of the Assembly and Demonstration Act.

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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