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(영문) 대법원 2014.02.13 2013도13933
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court determined that the facts charged against the Defendant were recognized, and rejected the grounds of appeal on the mistake of facts alleged therein.

The allegation in the grounds of appeal is nothing more than disputing the fact-finding of the court below in accordance with the principle of free evaluation of evidence, and even if the grounds of appeal are examined in light of the evidence duly admitted, the court below did not err by exceeding the limit of free evaluation of

2. According to the records on Defendant C’s appeal, the Defendant did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not state the grounds for appeal.

3. As to the Defendant D’s grounds of appeal, the lower court acknowledged the facts charged against the Defendant on the grounds as stated in its reasoning and found the Defendant guilty as not constituting a justifiable act, and rejected the allegation in the grounds of appeal regarding the misapprehension

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on force or legitimate act in the crime of interference with business, contrary to what is alleged in the grounds of appeal.

Meanwhile, under Article 388 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

4. 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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