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(영문) 대법원 2016.10.27 2016도8057
공무집행방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court’s determination that all charges of this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal doctrine.

In addition, the argument that the Defendants’ act constitutes self-defense and thus illegal is excluded from the grounds of appeal is not legitimate grounds of appeal, as it is alleged in the grounds of appeal that the Defendants’ act did not constitute self-defense or that the court below did not consider it as being subject to ex officio

Furthermore, even if examining ex officio, the lower court did not err as otherwise alleged.

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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