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(영문) 대법원 2017.05.30 2017도3408
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the relevant legal principles and the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the facts charged in the instant case (excluding the part not guilty of the reasoning

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the burden of proof, relation with the joint principal offender and the general traffic obstruction.

2. On the grounds of the prosecutor’s final appeal, the lower court affirmed the first instance judgment that acquitted the prosecutor on the ground that there was no proof of crime regarding the part of the instant facts charged regarding the part of the general traffic obstruction in the EZ, DV, EH, EH, EM, ER, EB, FB, and EZ, and reversed the first instance judgment that found the Defendant guilty on the part of the instant facts charged regarding general traffic obstruction in the DL, and acquitted the Defendant.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the obstruction of general traffic.

3. 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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