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(영문) 대법원 2014.10.27 2014도6216
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant A guilty of interfering with business among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not exhaust all necessary deliberations, and did not err by misapprehending the legal doctrine on the crime of interference with business and the lawful act, or by misapprehending the legal doctrine on the crime of interference with business and the justifiable act, or by failing to satisfy the grounds

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court as to Defendant B’s grounds of appeal, the lower court is justifiable to have found Defendant B guilty on the grounds indicated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the admissibility of evidence, such as the video taken from bodily injury and CCTV in the crime of injury, or by failing to exhaust all necessary deliberations, or omitting judgment contrary to the grounds of appeal.

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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