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(영문) 대법원 2019.10.17 2019도11380
예배방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance which acquitted Defendant B on the ground that there was no proof of crime as to the part that interfered with worship by gathering the chair among the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules as stated in the grounds of appeal.

On the other hand, the prosecutor appealed the entire part of the judgment of the court below against Defendant B, but the guilty part is not indicated in the petition of appeal or the appellate brief.

2. As to the Defendants’ grounds of appeal, the lower court upheld the first instance judgment convicting the Defendants of the facts charged (excluding the part not guilty of the Defendant B’s grounds for appeal) on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the establishment of a crime of obstruction of worship and co-principal.

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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