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(영문) 대법원 2017.02.03 2016도1690
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment below in light of the records, although some of the reasoning of the judgment below is not appropriate, the evidence submitted by the prosecutor alone was entirely conducted.

Therefore, the judgment of the court below which affirmed the judgment of the court of first instance that acquitted all the Defendants on the facts charged of this case 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 element of the crime of interference with the business, is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err in the misapprehension of legal principles as to the meaning of a shock, the meaning of legal interests and authority of interference with the business, the meaning of protection of the crime of interference with the business, the meaning of a strike and power, the purpose and illegality of the strike, the process of strike, the possibility of preparing for an objective prediction and comparison with the strike, and the specificity of the essential place of business.

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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