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(영문) 수원지방법원 성남지원 2017.03.09 2016고정332

업무방해

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. On November 26, 2014, the instant background and the Defendants’ status G group announced four affiliates of the petroleum chemical and defense industry, including H, to sell to the I Group, and 1,300 workers belonging to H Chang Factory were placed against the sales decision, and on December 16, 2014, the K branch of the Democratic Nowon-gu Seoul Special Self-Governing Province of Metal No. Gaon-do (hereinafter “J branch president K; hereinafter “J branch”) established and continuously demanded the withdrawal of the sales decision to the private company by means of remaining business and special refusal, strike, internal assembly, etc.

Nevertheless, around June 29, 2015, H held a general meeting of shareholders on L in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and passed a resolution on the agenda such as changing the trade name to N and appointing new directors.

Accordingly, the labor union members belonging to the J branch decided to occupy the entrance of the general meeting of shareholders or to interfere with the general meeting of shareholders by participating in the general meeting of shareholders as a minor shareholder qualification, and approximately 600 of the labor union members belonging to the J branch moved to M in the future using bus from the window around 00:30 on June 29, 2015, and 05:30 on the same day after moving the bus from the window around 05:30 on the same day.

The Defendants, as a general staff member of the J branch, had been on the front delivery in accordance with the resolution of the J branch as above, together with other union members.

2. 범죄사실 피고인들은 다른 노조원 약 125명과 함께 같은 날 06:00 경부터 같은 날 06:20 경까지 위 M 후문 주차장 앞에서 어깨동무를 하거나 팔짱을 끼고 스크럼을 짜는 방법으로 M 사무총장인 O을 비롯하여 M 직원 및 주식회사 H 주주 등 20 여 명의 출입을 저지하여 위력으로 피해자 H의 주주총회 업무 및 피해자 M 직원들의 시설관리 업무를 방해하였다.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Copies of the respective examination records of P, Q,O, R and S;

1. Each investigation report, each letter of arrest, and each police station in each minute;