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(영문) 대법원 2015.10.15 2014도3059
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the ground of appeal on the obstruction of business, the lower court’s finding the Defendant guilty of interference with business among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

There is no violation of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the elements of crime of interference with business, such as force, work, etc.

2. As to the ground of appeal as to the damage to property, this part of the ground of appeal is without merit, which affected the selection of evidence and fact-finding belonging to the lower court’s exclusive jurisdiction, and is not legitimate grounds of appeal

In addition, examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to find the lower court guilty of this part of the facts charged for the reasons indicated in its holding.

There is no violation of law such as exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhausting all necessary deliberations.

3. 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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