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(영문) 대법원 2014.04.24 2013도10943
특수공무집행방해등
Text

All appeals are dismissed.

Reasons

1. The grounds of appeal Nos. Q, R, S, A, and B are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, the lower court is justifiable to have determined that the charges (excluding the portion not guilty by the lower court) against Defendant Qua, R, S, A, and B were guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the elements of special obstruction of performance of official duties, interference with business, and the Punishment of Minor Offenses Act, or by misapprehending the legal doctrine on the elements

2. We examine Defendant T, U, and C’s appeal.

Defendant

T, U, and C did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not state the grounds for appeal.

3. Prosecutor's grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in maintaining the judgment of the court of first instance that found the defendant T, A, and U not guilty of the violation of the Punishment of Minor Offenses Act among the facts charged against the defendant T, A, and U on the grounds as stated in its holding, and there is no violation of the Punishment of Minor Offenses Act or the legal principles as to concurrent crimes as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed on the guilty portion against Defendant T, A, and U among the judgment below. However, there is no specific ground of appeal in the petition of appeal and there is no statement in the appellate brief on the grounds of appeal.

4. 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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