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(영문) 대법원 2020.03.12 2020도365
공무집행방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court convicted the Defendant of the obstruction of performance of official duties.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “Assault” in the crime of obstruction of performance of official duties and “

The argument that there was an error of mistake of facts in the part concerning the violation of the Labor Standards Act among the facts charged in the judgment of the court below is not a legitimate ground for appeal since the defendant alleged that it was a ground for appeal or that the court below was not subject to a judgment ex officio.

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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