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(영문) 대법원 2014.07.24 2014도130
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in holding that Defendant A was guilty of obstruction of business, alteration of private documents, uttering of altered private documents, embezzlement, and injury among the facts charged in this case against Defendant A on the grounds as stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence

2. Examining the grounds of appeal by Defendant B and C in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the charges of this case against Defendant B and C were guilty on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding

3. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have maintained the first instance judgment that acquitted Defendant A of all of the facts charged in the instant case on the grounds that there was no proof of the facts charged. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the crime of forging private documents, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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