업무방해
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In light of the evidence submitted by the prosecutor, the court below found the Defendants not guilty of each of the charges of this case, although the Defendants conspired with J in collusion with each of the charges of this case and could sufficiently recognize that the Defendants interfere with the business of the victim association as stated in each of the charges of this case. The court below erred by misapprehending the facts, which affected the conclusion
2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is remarkably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the closure of pleadings, the appellate court does not reverse without permission the first instance judgment on the grounds that the first instance judgment on the credibility of a statement made by a witness of the first instance court differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Meanwhile, if a witness’s statement has any consistency in its major parts, it cannot be denied without any consistency solely on the grounds.
(see, e.g., Supreme Court Decision 2008Do12112, Aug. 20, 2009). In addition, in criminal proceedings, the prosecutor’s evidence that there is a criminal fact is presented in the prosecutor, and even if the defendant’s lawsuit is unreasonable and the defendant’s lawsuit is the same as the case is false, it can be disadvantageous to the defendant.