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(영문) 대법원 2018.02.28 2017도13877
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the relevant legal principles and records, the lower court’s finding the Defendant A and B not guilty of interference with his/her business on December 18, 2013 among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding deceptive schemes in the course of interfering with the duties by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the said legal principles.

2. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have determined that the Defendants were guilty of all of the facts charged in the instant case (excluding the aforementioned acquittal part against Defendant A and B) on the grounds indicated in its reasoning

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, such as misconception of facts.

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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