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(영문) 대법원 2018.09.13 2018도10560

특정경제범죄가중처벌등에관한법률위반(증재등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion not guilty of the reasoning) on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehension of the principle of free evaluation of evidence by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The assertion that there was an error in the misapprehension of the legal principles as to "power of force" in the judgment of the court below as to obstruction of business affairs is not a legitimate ground for appeal, since the defendant asserts that there was no ground for appeal or no ground for judgment by the court below as the object of ex officio.

B. Even if I look at, the lower judgment did not err by misapprehending the legal doctrine on “power” of interference with business as alleged in the grounds of appeal.

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