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(영문) 대법원 2018.03.13 2017도13580
일반교통방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of the Defendant’s appeal, the court below was justified in finding the Defendant guilty of general traffic obstruction among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, 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 principles on the obstruction of general traffic, joint principals, and persons involved.

2. Examining the reasoning of the Prosecutor’s appeal, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Assembly and Demonstration Act among the facts charged in the instant case, on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

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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