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(영문) 대법원 2019.10.31 2017도9994

특수공무집행방해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

With respect to the violation of the Punishment of Violences, etc. Act (joint intimidation), the lower court affirmed the first instance judgment convicting the victims of this part of the charges on the ground that the Defendant’s act of notifying the victims of the intent to obstruct the construction of the instant case by holding a meeting where the victims would not accept their demands in collaboration with the executives of the Ulsan District Department of the C-Organization D's Trade Union (hereinafter referred to as the “EM”) and upon the victims’ request, constitutes a threat against which the victims would cause fear, and that such act does not constitute a justifiable act based on the legitimate trade union activities.

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 the threat of harm and injury in the crime of intimidation, joint

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.