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(영문) 대법원 2016.09.08 2016도346

업무방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the lower court and the first instance court as to the Defendants’ grounds of appeal, the lower court’s determination that all of the facts charged in the instant case (excluding the portion of innocence) is guilty on the grounds indicated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles concerning the crime of violation of the Punishment of Violences, etc. Act (joint assault) in the crime of obstruction of business.

2. On the grounds of appeal by the public prosecutor, the lower court reversed the first instance judgment convicting the Defendants on the ground that there is no proof of each crime regarding the violation of the Punishment of Violences, etc. (joint confinement) against Defendants A, B, and C among the facts charged in the instant case and the violation of the Punishment of Violences, etc. Act (joint violence) against Defendants A, and sentenced the said Defendants not guilty.

Examining the record, the above determination by the court below is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

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