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(영문) 대법원 2013.03.14 2012도14563
공갈등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendants guilty of the attack, defamation, occupational breach of trust, and obstruction of business on the grounds of its stated reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on occupational breach of trust, interference with business, and relation

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, may be appealed on the ground that the amount of punishment is extremely unreasonable. Thus, in this case where a minor sentence has been imposed against the Defendants, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

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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