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(영문) 대법원 2020.11.05 2020도10988
업무방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted Defendant C of the instant charges on the ground that there was no proof of a crime regarding the part of Defendant C’s business obstruction on May 8, 2014, Defendant A’s business obstruction on April 23, 2014, Defendant A’s business obstruction on November 25, 2013, and Defendant B’s joint injury to the victim U and business obstruction on November 25, 2013.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of interference with business and the crime of violation of the Punishment of Violences,

2. As to the grounds of appeal by Defendant A and Defendant B, the lower court convicted Defendants A and B of the charge of the instant case as to obstruction of business on May 8, 2014, obstruction of business on November 25, 2013, and joint injury to the victim S, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of crime of interference with business or by violating the Punishment of Violences, etc.

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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