2015Do5825 Business Interference

1. A;

2. B

3. C

Prosecutor (In respect of Defendants)

U (For the Defendants)

Attorney E, V, W, X

Seoul Southern District Court Decision 2014No1089 Decided April 6, 2015

April 28, 2017

All appeals are dismissed.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the records, the lower court’s reasoning is partially inappropriate, but it is insufficient to evaluate that the instant strike was conducted on a full-time basis. Therefore, it cannot be deemed that the employer’s free will to continue business, which is a constituent element of the crime of interference with business, constitutes a case where there is no proof of criminal facts as to the facts charged in the instant case, and thus, affirmed the first instance judgment that acquitted all the Defendants. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

In addition, as long as the above determination by the court below that did not regard the strike of this case as a force of the crime of interference with business was just, the legitimacy of the strike of this case cannot affect the judgment, and thus, it cannot be deemed unlawful on the ground that the court below did not make a separate judgment on it.

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

Justices Kim Yong-deok

Justices Kim Jae-han

Justices Kim So-young

Justices Lee Dong-won