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(영문) 창원지방법원 2017.03.22 2016고단4035

업무방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, as a driver affiliated with E Co., Ltd. in Kimhae-si, sent out as a candidate for the head of the branch office held on August 11, 2016 by the victim's Korean Automobile Union F Branch of the Busan District Bus Workers' Union (hereinafter "victim F Branch").

The Defendant lost its membership due to the dismissal of the head of the immediately preceding branch office G of the Victim F.

However, G has been dissatisfied with the fact that G runs for the election of the head of the next branch office.

Accordingly, the Defendant, around 14:00 on August 11, 2016, at the victim F Branchal Election for the victim F Branchal E Co., Ltd., the second E Co., Ltd., “Isson’s above election.”

The list of voters and voters who were on their depositors at the same place were teared in their hands.

Accordingly, the defendant interfered with the election of the president of the victim F branch by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 314 (1) of the Criminal Act concerning a crime and Article 314 (1) of the same Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing sentencing guidelines under Article 334 (1) of the Criminal Procedure Act for the Criminal Procedure of the Provisional Payment Order: Unsettled sentencing guidelines: Imprisonment with prison labor for one year: Reasons for an increase of a fine of five million won: In the event that an election of the head of an association has not been held several times due to interference with the election of other partners, the reason for reduction, such as unfluence of the criminal liability for the crime that re-elections by the defendant due to the crime, etc. under the circumstances that the election of the head of an association has not been held several times: confession, confession