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(영문) 대법원 2019.06.13 2019도843
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the damage and destruction of electronic records, etc. among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime

2. The lower court reversed the judgment of the first instance that found the Defendant guilty on the ground that there was no proof of crime as to the obstruction of business among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of objection against the petition of appeal and the appellate brief.

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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