2017Do17455 Business Interference

1. A;

2. B

Defendants

Attorney C (for Defendant A)

D Law Firm (For Defendant B)

Attorney E, F, and G

Seoul High Court Decision 2017No1593 Decided October 18, 2017

February 28, 2018

All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant A’s ground of appeal

According to the records, the above defendant appealed against the judgment of the court of first instance and asserted unfair sentencing only as the grounds for appeal. In such a case, the argument that the judgment of the court below erred by misapprehending the legal principles is not a legitimate ground for appeal.

Furthermore, the lower court did not err by misapprehending the legal doctrine on the strict principle of proof, intent of crime, and expectation of lawful act, contrary to what is alleged in the grounds of appeal.

2. As to the Defendant B’s grounds of appeal, the lower court found the Defendant guilty on all of the grounds stated in its reasoning of the ground of appeal.

Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the first instance court, the lower court’s aforementioned determination is justifiable. In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the business of the crime of interference with business, the recognition of credibility of statements, and the

3. Conclusion

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

Justices Kwon Soon-il

Justices Ko Young-han

Justices Kim Gin-young

Justices Cho Jae-chul