업무방해
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds of appeal 1) As long as the Defendants, by misapprehending the legal principles, participated in the Defendants’ act of controlling entry and exit of shareholders on June 29, 2015 in order to realize the purpose of hindering the victim M& (hereinafter “victim M”)’s temporary general meeting on June 29, 2015 (hereinafter “the instant general meeting of shareholders”), the Defendants may also be held to have the intention of conspiracy and functional control over the Defendants’ act of refusing to withdraw and attempting to interfere with other union members.
2) The punishment of the lower court (the suspended sentence: 70,00 won), Defendant B, E, F, G, and H: Each suspended sentence (the suspended sentence: fine: KRW 300,000 won); and Defendant D: fine KRW 300,000) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination on the ground that there was a conspiracy intent and functional control over the Defendants with respect to the act of refusing to comply with the withdrawal by another union member and attempted to lead to the Defendants.
It is insufficient to recognize it, and there is no other evidence to recognize it.
① The Defendants, as the minority shareholders of the victim M, attended the general meeting of shareholders of the instant case and presented their opinions at the instant site.
② The Defendants received in advance orders from the executives of the Democratic Nowon-do National Metal-nam Branch M&D (hereinafter referred to as the “M branch”) to share their respective acts, or planned to comply with and to attempted to interfere with the withdrawal.
there is no evidence to consider.
③ The Defendants seem to have been arrested before the occurrence of the acts of refusing to leave by other union members and having attempted to leave.
2) We refer to the above circumstances cited by the lower court in determining the party’s deliberation.