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(영문) 대법원 2014.12.11 2014도8000
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of the charge of obstruction of business as of September 7, 201, on the grounds indicated in its reasoning is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

In addition, the argument that the court below erred in the misapprehension of legal principles as to "business" in the crime of interference with business is not a legitimate ground for appeal, as alleged in the ground for appeal by the defendant, or by the court below's decision that it is not subject to judgment ex officio.

2. Examining the reasoning of the lower judgment in light of the record as to the prosecutor’s grounds of appeal on the Defendant C, D, and E, the lower court’s judgment that found the Defendants not guilty of the charge of obstruction of business as of August 26, 201, on the grounds indicated in its reasoning, is justifiable to reverse the judgment of the first instance court and to be acquitted. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

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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