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(영문) 대법원 2017.04.28 2015도5825

업무방해

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record in light of the records, there are some inappropriate parts in the reasoning of the court below, but the strike of this case was conducted entirely.

Since it is insufficient to evaluate the facts charged in this case, the court below's decision of the court below which affirmed the judgment of the court of first instance which acquitted all the Defendants on the ground that it cannot be deemed as a "power" to the extent of suppressing the employer's free will on the part of the business community, which is the constituent element of the obstruction of business. There is no error of law by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by violating logical and empirical rules, by exceeding the bounds of free evaluation principle, or by misapprehending the legal principles on the obstruction of business.

In addition, as long as the above determination by the court below that did not regard the strike of this case as a force of interference with business, the legitimacy of the strike of this case does not affect the judgment, and thus, the court below did not render a separate judgment as to it.

of this case, it is not illegal.

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