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(영문) 대법원 2017.05.31 2017도3682
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of each part of the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of intrusion of structures by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance which found the defendant guilty on the obstruction of business among the facts charged in the instant case on the grounds as stated in its reasoning, and to render a judgment of the court below not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to "power of force" in the obstruction of business as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but does not indicate the grounds of appeal as to this part of the appeal and the reasons of appeal.

3. 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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