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(영문) 대법원 2020.10.29 2020도11615
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted only unfair sentencing as the grounds for appeal, but only on March 3, 2020, after the date on which the appeal period was not timely filed, the defendant alleged mistake of facts as the grounds for appeal.

Therefore, the defendant's assertion of mistake of facts is made only after the lapse of the period for filing the grounds of appeal, and it is not a legitimate ground for appeal, and such assertion does not constitute a ground for ex officio investigation under the proviso of Article 361-4 (

Therefore, the judgment of the court below, which did not consider such a claim as the object of adjudication, cannot be said to have erred in violation of the duty of explanation, incomplete hearing, omission of judgment,

On the other hand, the argument that the court below erred by misapprehending the legal principles on the judgment of the court below as to the crime of obstruction of bidding and interference with business is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not take the grounds for appeal or

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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