The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of interference with business among the facts charged in the instant case on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles on interference with business

In addition, in a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant cannot be deemed as the ground of appeal on the ground of misconception of facts or misapprehension of legal principles as to

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the ground of unfair sentencing as to the evasion of compulsory execution among the facts charged in the instant case on the ground of unjust sentencing, on the ground of fraud and obstruction of business. The lower court accepted the prosecutor’s allegation of misconception of facts as to the obstruction of business among the grounds for appeal, and reversed the part concerning evasion of compulsory execution and obstruction of business among the judgment of the first instance. Thus, the allegation that the lower court erred in the misapprehension of legal principles as to the evasion of compulsory execution cannot be a legitimate ground for

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.