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(영문) 대법원 2014.08.20 2013도15531
업무방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

I first refer to the fact-finding of the lower court with regard to interference with business among the facts charged in the instant case.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it goes beyond the bounds of the principle of free evaluation of evidence by violating logical and empirical rules.

In light of the records, in this case where it is not possible to find out that the facts established by the court below exceeded the above limit even after examining the reasoning of the judgment below, the above appeal shall not be accepted merely because it criticizes the matters falling under the exclusive authority of the court below.

In addition, other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

Meanwhile, while the Defendant submitted a written appeal to the effect that he is dissatisfied with the entire judgment of the court below, there is no specific ground of appeal in the petition of appeal and the appellate brief as to the injury among the facts charged

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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