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(영문) 대법원 2017.08.29 2017도5399
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the records, it is justifiable to reverse the judgment of the court of first instance that found the Defendants guilty on the facts charged of this case (excluding the part of conviction against the remaining Defendants except Defendant S and V) on the ground that there is no proof of crime. There is no error of law by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the elements to constitute a crime of obstruction of business, legitimate act, and joint principal offender

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the reasoning of appeal as to the remaining Defendants except Defendant S and V's conviction.

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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