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(영문) 대법원 2018.11.29 2018도14347
특수상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the grounds that it does not constitute a crime with respect to interference with business among the facts charged in the instant case, and rendered a judgment of not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the relation of obstructing official duties, obstructing official duties and obstructing official duties, obstructing official duties, and demanding changes in indictment, etc.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of special injury among the facts charged in the instant case on the grounds stated

The lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the defense of a political party, contrary to what is alleged in the grounds 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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