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(영문) 대법원 2016.12.29 2016도17330
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are also examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the court below was just in finding the Defendants guilty of all the charges of this case on the grounds stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the obstruction of business

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. Thus, in this case where a more minor sentence has been imposed on Defendant B, the argument that the punishment is too unreasonable is not a legitimate

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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