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(영문) 대법원 2017.05.31 2016도11967
위계공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court did not constitute a crime of interference with the execution of official duties by fraudulent means with regard to the obstruction of the performance of official duties as stated in the attached list 1 through 2406, 2429 through 2432, and 2434 through 2476 among the facts charged in the instant case.

On the other hand, the judgment of the court of first instance which found the defendant guilty was reversed and acquitted.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on the obstruction of the performance of official duties by fraudulent means.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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