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(영문) 대법원 2015.06.23 2015도3105
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the Defendants’ grounds of appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court, on the grounds stated in its reasoning, found the Defendants guilty of violating the Punishment of Violences, etc. Act (joint destruction, damage, etc. of property) against the victim Samsung C&T Co., Ltd. and of violating the Assembly and Demonstration Act.

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 on the violation of the Punishment of Violences, etc. Act (joint property damage, etc.) and the violation of the Assembly and Demonstration Act, contrary to what is alleged in

2. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance that acquitted the Defendant on the ground that there was no proof of crime as to the violation of the Punishment of Violences, etc. Act (joint residence) among the facts charged in the instant case, and the violation of the Punishment of Violences, etc. Act (joint property damage, etc.) against some victims.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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