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(영문) 대법원 2018.12.27 2017도16870
업무방해
Text

All appeals are dismissed.

Reasons

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A, B, C, D, and E of the facts charged in the instant case on the ground that there was no proof of crime regarding the obstruction of business due to the occupation of the first floor of the R hospital from November 27, 2014 to December 31, 201 of the same year, and sentenced Defendant A to the acquittal.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the aforementioned determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, it 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 legitimacy of

2. Examining the reasoning of the lower judgment on the grounds of Defendant F’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant F guilty of the injury or injury caused by negligence, which is the conjunctive facts charged, among the modified facts charged, based on the reasons indicated in its reasoning. In so doing, 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

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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