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(영문) 대법원 2019.06.13 2019도4909
특수공무집행방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of obstruction of the performance of special official duties among the facts charged in the instant case on the grounds indicated in its reasoning.

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 failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the medical treatment and custody claim, the lower court upheld the first instance judgment ordering the medical treatment and custody of the Defendant and the requester for medical treatment and custody to determine that the necessity of medical treatment and custody and the risk of recidivism is recognized, based on its reasoning

The judgment below

Examining the reasoning in light of the relevant legal doctrine and the record, the lower court did not err 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 necessity of treatment and the risk of recidivism

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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