2016Do8508 Obstruction of Private Sector

A person shall be appointed.

Defendant

Seoul Central District Court Decision 2015No3967 Decided May 26, 2016

August 29, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act).

For reasons indicated in its holding, the lower court determined that the Defendant interfered with the formation of the F organization in collusion with members in the name of B, and rejected the allegation in the grounds of appeal for erroneous determination of facts.

The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and is merely an error in the determination of the evidence selection and probative value of the lower court, which actually belongs to the free judgment of the lower court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and relevant legal principles as well as the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on

Meanwhile, among the grounds of appeal, the allegation that the title of this case cannot be legally protected, or that the illegality of the defendant's act as a justifiable act or self-help act is dismissed as a legitimate act or self-help act is not a legitimate ground of appeal since the defendant newly asserts in the appellate court that it is not subject to a judgment by the court below, or that it is not subject to a judgment by the court below ex officio. In this regard, there is

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

Justices Lee Ki-taik

Justices Lee In-bok

Justices Kim Yong-deok-deok-

Justices Kim Gin-young