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(영문) 대법원 2016.07.14 2016도5913
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendants’ common grounds for appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that the Defendants guilty of the instant facts charged on the grounds indicated in its reasoning.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of logical and empirical rules and by exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine on “business” subject to the protection of obstruction of business, or by violating the principle

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant D’s appeal, the final appeal on the grounds of unfair sentencing is allowed only in cases where the death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

Defendant

In this case where a fine is imposed against D, the argument that the amount of punishment is unfair shall not be a legitimate ground for appeal.

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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