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(영문) 대법원 2019.08.14 2019도6972
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the part regarding obstruction of business on October 24, 2016 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 by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on force in the crime of interference with business, or by violating the trial-oriented principle and the direct

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds for objection to the conviction.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of interfering with business on October 5, 2016 and November 9, 2016 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 evidence duly admitted, 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.

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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