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(영문) 대전지방법원 홍성지원 2014.12.04 2014고합84

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant

A A Fine of 5,00,000 won, Defendant B of 2,000,000 won, and Defendant C of 1 year and six months, respectively.

Reasons

Punishment of the crime

Defendant

A is the chairman of the preparation committee of the Democratic Labor Relations Sub-chapter G subdivision in the F.W. Defendant B is the president of the Preparatory Committee of the above branch, and Defendant C is the members of the above branch.

On September 5, 2014, K Co., Ltd. (hereinafter “K”) which had been in charge of J work among I New Construction Corporation (hereinafter “K”) refused to extend the work period to 11 members of the said branch, a fixed-term employee, and the members of the said branch held an assembly from around the 18th day of the same month to “prohibit labor pressure and the reinstatement of dismissed workers” before the said I Construction Site.

1. Defendant A and B did not accept the demand of the said branch office even during the continuous assembly. At around 18:00 on September 21, 2014, Defendant A and the Defendants gathered to point out the smokes in the construction site in order to accomplish the demand of the said branch office.

At around 01:00 on September 22, 2014, the Defendants: (a) opened into the construction site in line with the left coast road of Lin I construction site at the time of Boan-si on September 22, 2014; and (b) accessed the inner line, and opened up to 04:00 on the same day.

Accordingly, the Defendants jointly invaded the victim M&A at the work site managed by the victim M&A.

B. On September 22, 2014, the Defendants interfered with the performance of duties, by occupying the smoke installed at the I construction site from around 06:40 to 20:30 of the same day, thereby obstructing the installation of the interior facilities of the victim NF corporation by force.

2. Defendant C

A. From around 10:00 on September 22, 2014, the Defendant participated in the above assembly and punished for farming, the Defendant entered the bar entrance installed at the above construction site with 45 members of the association around 15:40 on the same day, and intruded the victim M&A into the construction site managed by the victim M&A.

B. The date and place indicated in the above paragraph (a) above with special obstruction of performance of official duties is Chungcheongnam-do Police Station.