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(영문) 대법원 2014.09.26 2014도6003
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Based on its reasoning, the court below rejected the grounds of appeal for misconception of facts or misunderstanding of legal principles that the defendant's act did not constitute self-defense and judged that the defendant's act does not constitute self-defense.

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court, as the purport of substantially disputing the fact-finding of

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the grounds of appeal, by misapprehending the legal doctrine on force in the crime of interference with business, arrest procedure

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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