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(영문) 대법원 2017.11.29 2017도12809
업무방해
Text

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 preparation of evidence and the 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 the reasons indicated in its reasoning, the lower court: (1) acknowledged that the Defendant interfered with the security service of the security guards belonging to the victim by force; (2) determined that the Defendant’s act does not constitute a justifiable act; and (2) rejected the Defendant’s appeal on the mistake of the facts and misapprehension of the legal doctrine.

Of the grounds of appeal, the argument disputing the determination of the lower court on the facts that led to such determination is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when 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 by misapprehending the legal doctrine on interference with business affairs or by exceeding the bounds of

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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