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(영문) 대법원 2014.01.23 2013도13398

업무방해

Text

All appeals are dismissed.

Reasons

1. Defendant A's grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding Defendant A guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on obstruction of business, legitimate act

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed against Defendant A, the argument that the amount of punishment is unreasonable

2. We examine Defendant D’s appeal.

Defendant

D did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not contain any statement in the grounds for appeal.

Therefore, Defendant D’s appeal shall be dismissed by a ruling under Article 380 of the Criminal Procedure Act, but it shall be dismissed by a judgment en bloc with Defendant A’s appeal.

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