업무방해
The appeal is dismissed.
The grounds of appeal are examined.
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.
(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the lower court found all of the facts constituting an offense (excluding the facts stated in No. 5 of the crime committed during the facts charged) in the lower judgment.
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending or omitting the legal doctrine regarding the establishment of the crime of interference with business by deceptive means, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.