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(영문) 대법원 2014.06.12 2014도3897
업무방해등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the evidence adopted by the lower court, it is justifiable for the lower court to have found the Defendant guilty of obstruction of business on September 29, 2012 and obstruction of business on August 16, 2013 among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors of misapprehending the rules of logic and experience to recognize facts.

In addition, according to the records, the defendant appealed against the first instance judgment of Seoul Southern District Court 2013 High Court 2525, 2526 (Joinder), and asserted unfair sentencing, mistake of facts, misapprehension of legal principles, and mental and physical disorder as the grounds for appeal, but withdrawn the grounds for appeal as to mistake of facts and misapprehension of legal principles on the second trial date of the lower court.

In such a case, the argument that the lower court erred by mistake of facts as to obstruction of business on June 22, 2013 is not a legitimate ground for appeal.

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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