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The appeal is dismissed.
Reasons
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). On the grounds indicated in its reasoning, the lower court was justifiable to have found the Defendant guilty of each of the facts charged in this case, and it was determined that the Defendant’s act of interference with business satisfies the requirements for a justifiable act that does not violate social norms, and rejected the allegation in the grounds of appeal disputing this.
The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the crime of interference with business, the act of a political party, and the prosecution procedure, or by exceeding the bounds
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.