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(영문) 인천지방법원 2008.11.27.선고 2008고단5258 판결

가.일반교통방해나.업무방해다.집회및시위에관한법률위반

Cases

208 Highest 5258(a) General traffic obstruction

(b) Interference with business;

(c) Violation of the Assembly and Demonstration Act;

Defendant

1.B.00, Notarial Affairs

Housing, Nam-gu, Incheon Metropolitan City Dong-dong

Reference domicile in Jung-gu Seoul Central Government

2.(a)(c) 000, free of office;

Housing, Nam-gu, Incheon Metropolitan City Dong-dong

Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City

Imposition of Judgment

November 27, 2008

Text

Defendant ○○○ was punished by a fine of KRW 4 million, and Defendant ○○○ was punished by imprisonment with prison labor for up to six months. Defendant ○○ fails to pay the above fine, the period calculated by converting KRW 50,000 into one day shall be confined in the workhouse.

In regard to Defendant ○○, three days of detention prior to the pronouncement of this judgment shall be included in the period of detention in the workhouse.

However, the execution of the above punishment on the defendant ○○ for one year from the day this judgment became final and conclusive shall be suspended. The defendant ○○ shall be ordered to pay the amount equivalent to the above fine.

Reasons

Criminal History Office

Defendant ○○ was the director of ○○○ General Labor Relations Dispute and the chief of the site of the same labor union’s ○○○○ Branch, and Defendant 00 was the representative of the general labor union 000 branch.

On July 1, 200, the Defendants had 1,00 members of the general labor union and 1,000 members of the non-regular workers' protection law, including the so-called 'fixed-term and part-time workers', 'the Protection, etc. of Temporary Workers', and 'the Protection, etc. of Temporary Agency Workers', and the ○○○○ Group, the private side of which requested negotiation with the private side, but did not accept the request, but tried to achieve the demand of labor union by interfering with the business.

1. Joint crimes committed by Defendant ○○ and Defendant ○○○

At around 16:00 on June 25, 2007, the Defendants entered the above store with 300 visitors, including ○○○○○○○○○○○○○ Union members, etc., in the middle of the 16:00 Gamba-gu, Sungnam-si, Sungnam-si, Geng-si, which had been operating 341, as well as with 300 members of the above store. Furthermore, the Defendants occupied the three-story shop for the purpose of calculating the goods purchased by customers, i.e., preventing customers from calculating the goods purchased, i., raising relief, or e., raising labor; and other members of the store were punished by an annual scambling, blocking the entry of the store, or preventing the entry of the store, and this was continued for about 2 hours from 18:00 on the same day. Accordingly, the Defendants interfered with the operation of the store by means of a joint threat with the victim’s union members, etc.

2. Defendant ○○○

A. At around 16:20 on August 16, 2007, the Defendant participated in a non-reported assembly organized by 00 general labor union members, including ○○○ general labor union members, on the top of the victim’s OO OO test in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and 800 persons, including ○○○○ general labor union members. Furthermore, the Defendant cited Handbd microfes and instigated other union members, etc. to promote relief, and other union members, etc. of the said store. The Defendant was punished by fluority, such as preventing the entrance of the said store, raising a street relief, or fluoring labor, and this was continued for about 4 hours and 50 minutes until 21:10 on the same day. Accordingly, the Defendant interfered with the operation of the said store by force in collaboration with union members, etc. under joint force.

B. At around 16:40 on August 18, 2007, the Defendant participated in an assembly organized by the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, a member of the community of the community, and 1,50 persons, including ○○○○○○○○○○○○○○○○○○○○○○○○○○○○.

In addition, the Defendant, outside of the above assembly place, was fluorily punished the entrance of the above store parking lot, such as blocking the entrance of the above store, raising relief, or fluoring labor workers, and other union members, etc. were fluoring the entrance of the above store and parking lot, and continued for about 4 hours and 59 minutes until 21:39 on the same day. Accordingly, the Defendant conspired with union members, etc. and interfered with the operation of the above store by force. On August 26, 2007, the Defendant participated in an assembly organized by 250 members, etc. of the CGV North Korea square around the above ○○○○○ World Cup store and 00 union members, etc., and the Defendant was fluoring the entrance of the above store and parking lot and fluoring them from the above assembly place, and fluordddddddd the victim’s union members, and fluorddd the victim’s union members, etc. for 5 hours and continued to enter the store.

3. Defendant 00

A. On July 25, 2007, around 14:15, the Defendant entered the store with approximately 00 hours and 100 members, etc. of the victim ○○○○○ (○○○○○○○ (hereinafter referred to as “the Defendant”) operating the store in Gangseo-gu, Seoyang-dong. The Defendant occupied the store’s calculation stand to prevent customers from calculating the purchased goods, and duplicating them into the store, such as creating relief and labor, and preventing them from entering the store. The Defendant was punished by the following: (a) other members, etc.: (b) occupying the store’s calculation stand; (c) preventing the entrance of the store; and (d) preventing the sales room from entering the store; and (c) the Defendant continued to run the store for about 2 hours and 45 minutes by 17:00 on the same day. Accordingly, the Defendant interfered with the Defendant’s operation of the store by force in collaboration with members, etc. of the company

B. Around 15:00 on August 20, 2007, the Defendant participated in a non-reported meeting organized by 000 general labor union members, etc., with 600 and more persons, such as ○○○ general labor union members, etc. on the front day of the middle village of the ○○○○○○○○ department members, etc. Around August 20, 2007, the Defendant attempted to enter the store through the entrance of the above store. Around 15:00 on the same day, the Defendant attempted to prevent the entrance of the above store, promote relief, or promote labor. Around 16:05 on August 21, 2007, the Defendant participated in the operation of the above store by collective force with union members, etc., which interfered with the victim’s operation of the store by force. The Defendant participated in the ○○ general labor union members, etc., 15:30 hours prior to the above opening of the store.

In addition, the Defendant cited Hand microfab and instigated other members, etc. of the said store and parking lot, and the other members of the said store and parking lot were fluored with fluority by blocking the entrance of the said store and parking lot, raising relief, or teaching labor. This was continued for about 5 hours and 35 minutes until 21:40 on the same day. Accordingly, the Defendant, in collusion with the members of the said store, interfered with the operation of the victim’s store by force.

D. At around 16:57 the same day as the above paragraph (c) above, the Defendant refused to comply with the order, even though the chief of the competent Yangcheon Police Station was ordered to dissolve three times at the same time, among those participating in an assembly without filing such a report. Therefore, the Defendant did not immediately dissolve in collusion with a member of the union in the name of a member of the union, in spite of the order of dissolution.

E. On August 23, 2007, around 18:25, the Defendant participated in a non-reported assembly organized by ○○○ general labor union members, etc., with 200 teachers and staff members of the victim company, etc., located in the sub-dong, Seoul Special Metropolitan City, Nowon-gu, at around 00 relay points of 000. Furthermore, the Defendant and other union members, etc. were punished by an influence, such as preventing the entrance of the above store, raising relief, or putting labor at work, which continued for about 3 hours and 45 minutes until 22:10 of the same day. Accordingly, the Defendant interfered with the Defendant’s operation of the store by force in collusion with the union members, etc.

F. At around 18:25 the same day as the above paragraph (e) above, the Defendant refused to comply with the order of dissolution issued by the chief of the competent Nowon-gu Police Station three times at the same time, among those participating in the reported meeting as above. Accordingly, the Defendant did not immediately dissolve in spite of the order of dissolution, in collaboration with the members in a name-free manner.

G. Around 16:00 on August 25, 2007, the Defendant participated in an assembly organized by ○○○○ general labor union members, etc., along with 400 members around the instant ○○○○○○○○ World Cup (hereinafter “○○○○ World Cup”). Moreover, the Defendant and other union members, etc., outside the above assembly place, were punished by an influence, such as preventing the entrance of the said store and parking lot from providing relief, or putting labor at work, and the Defendant and other union members continued for about 6 hours until 22:00 on the same day. Accordingly, the Defendant conspired with the non-name members, thereby hindering the victim’s operation of the said store by force.

H. At around 17:18 on the same day as the above matters, the Defendant refused to comply with the order with the above ○○ general labor union members, etc., even though the Defendant received an order to dissolve three times from the chief of the competent Mapo Police Station. Accordingly, the Defendant did not immediately dissolve in collusion with a cooperative member, etc. in order to jointly do so.

I. Around 16:10 on August 30, 2007, the Defendant participated in an assembly organized by ○○○○ general labor union members, etc., along with 400 members around the ○○○○○○○○○○○○○○○○○○ Labor union members, etc. Around 16:10 on August 30, 2007. Furthermore, the Defendant and other union members, etc., outside the above assembly place, were punished by an influence, such as preventing the entrance of the said store and parking lot from providing relief, or putting labor at work, which continued for about 4 hours and 40 minutes until 20:50 on the same day. As such, the Defendant, in collaboration with the members of the instant building, interfered with the operation of the said store by force of the victim.

(j) On August 31, 2007, at around 16:10, the Defendant participated in an assembly organized by ○○○○○○○○ World Cup union members, etc., along with 1,450 members of the said ○○○○○ general union members. Furthermore, the Defendant, outside of the above assembly place, brought hand microphones at the entrance of the parking lot and instigated other union members, etc., and the Defendant was punished by sporadity, such as preventing the entrance of the said store and the parking lot, preventing the entrance of the said store and the parking lot, raising relief, or causing labor costs, which continued for about 4 hours from around 20:10 on the same day. As such, the Defendant conspired with the members of the said ○○ general union and interfered with the operation of the said store by force.

(k) The Defendant, at the same place on the same day as the above paragraph 16:30 day, refused to comply with the order, with members of the general labor union in this Ireland, etc., even though he/she was ordered to dissolve three times from the chief of the competent Mapo Police Station. Accordingly, the Defendant did not immediately dissolve in collusion with members of the trade union in thisland.

T. The Defendant, from around 20:10 to 20:38 of the same day, occupied eight laness in front of the agricultural and fishery product market located in Mapo-gu Seoul Metropolitan City, including 00 general labor union members, etc., and 1,450 roads along with eight-lanes, such as raising relief and teaching labor. Accordingly, the Defendant interfered with traffic by jointly attracting members of the association, etc. in collusion with the name-free trade union.

Summary of Evidence

1. Each statement made by the Defendants in compliance with this provision;

1. Each statement made by the police, which fit for it among a copy of the statement made by the police with respect to 000,00,000,000,000,000,000,000,000,000, OO○, and ○○○○;

1. Each description appropriate for such description among copies of the written complaint;

Application of Statutes

1. Article applicable to criminal facts;

Defendant ○○○: Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 314(1) of the Criminal Act (a) of the same Act; Articles 24 subparag. 5 and 20(2) of the Assembly and Demonstration Act (a non-compliance with an order of dissolution); Articles 185 (a general traffic obstruction) and 30 of the Criminal Act

1. Selection of punishment;

Defendant ○○○: Selection of a fine (in the absence of a criminal conviction, the Home Pluer who acquired the place of business of ○○○○, and the Home Pluer who withdrawn a complaint against the Defendant and sculing the Defendant to the maximum extent possible, and submitted to this Court a written application to the Defendant, taking into account the fact that the Defendant was returned to the Home Plus○○ corporation, and that the Defendant reflects the crime)

1. Aggravation for concurrent crimes;

Defendants: Articles 37 (former part), 38 (1) 2, and 50 (in the case of Defendant ○○○, the punishment shall be aggravated as provided for in the crime of interference with business as of August 26, 2006, with the largest criminal circumstances) of the Criminal Act. With respect to Defendant ○○○○, the punishment shall be aggravated as provided for in the crime of interference with general traffic, the most severe punishment)

1. Detention in a workhouse;

Defendant ○○: Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Defendant ○○: Article 57 of the Criminal Act

1. Suspension of execution;

Defendant ○○○: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act [the crime of this case committed from June 30, 2007 to July 20 of the same year) was committed prior to the sentence of one year of imprisonment with prison labor for the crime of interference with business, etc. at the Seoul Western District Court on April 25, 2008 (the interference with the business of Seongbuk-dong ○○○○○ World Cup store store operation in Mapo-gu, Seoul from June 30, 2007 to July 20 of the same year). The crime was committed prior to the sentence of one year of suspended execution for April 1, 200, the Home Purg 00 corporation filed an application for

1. Order of provisional payment;

Defendant 000: Article 334(1) of the Criminal Procedure Act

Judges

Judges O