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(영문) 대법원 2014.05.16 2014도2513
업무방해등
Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are also examined.

The judgment below

Examining the reasoning of the judgment below and the first instance court in light of the evidence duly admitted, it is acceptable to find the Defendants guilty of obstruction of business among the facts charged in the instant case on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to “defluence”

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, and thus, in this case where a fine is imposed against the Defendants, the argument that the sentencing of the sentence

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

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