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(영문) 대법원 2018.02.28 2017도17455
업무방해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant A’s appeal, the above Defendant appealed against the judgment of the first instance, and asserted the sentencing only on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

B. In addition, the lower court did not err by misapprehending the legal doctrine on the strict principle of proof, intent of crime, possibility of expectation of lawful act, etc., as alleged in the grounds of appeal.

2. As to the grounds for Defendant B’s appeal, the lower court found the Defendant guilty of all interference with each of the above Defendant’s activities relating to AA and AG on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted by the first instance court, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation by violating the logical and empirical rules, or by misapprehending the legal doctrine on duties of obstruction of business, the recognition of credibility of statements, and the conspiracy of a principal offender or functional control over a criminal act, or by

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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