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(영문) 대법원 2016.12.15 2016도8694
특수공무집행방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendants on the grounds that the part concerning automobile traffic obstruction among the facts charged in the instant case does not constitute a crime, and determined that the ordinary traffic obstruction, which is the ancillary facts added by the lower court, did not constitute evidence of a crime,

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, or by misapprehending the legal doctrine on the establishment of a crime of abstract danger or a crime of interference with general traffic by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by failing to exercise the right

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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