업무방해
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is the head of the branch of the Ulsan District Branch D of the National Democratic Trade Union, which belongs to the General Federation of the National Democratic Trade Union (hereinafter referred to as the "Private Partnership").
On the ground that D public officials belonging to the private sector would be at a higher disadvantage in employment than those of other labor unions or non-members, the Defendant had been employed to subscribe to the private sector gun against the workers at the construction site.
On September 26, 2017, from around 07:30 on September 26, 2017 to around 07:45, the Defendant placed 11 victims and 15 non-members of the Korean Trade Union Federation, including the victim J, in front of the “I” container office located in Ulsan-gun G from around 07:30 on September 26, 2017, on the ground that workers at the construction site do not subscribe to the “I” container office located in Ulsan-gun G, Ulsan-gun, and on the ground that workers at the construction site do not participate in the “I”, the Defendant placed 11 victims and 15 non-members of the Korean Trade Union, including the victim J, on the ground that 40 members of the E, F, and F were gathered in the vicinity of the victims, and the Defendant was unable to work at the construction site for about 15 minutes.
Accordingly, the Defendant conspiredd with 40 labor union members, E, F, and F, and F, which interfered with the work of electric installations of victims by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of suspect examination of the police against E or F;
1. Each police statement concerning K, J and L;
1. Each statement;
1. A written accusation;
1. Application of Acts and subordinate statutes to investigation reports (on-site video review reports in the case);
1. Article 314 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for the suspended sentence of Article 62(1) of the Criminal Act [the reasons for the sentencing of Article 62(1) of the Criminal Act [the reasons for the suspended sentence] [the reasons for interference with the business] - Where a crime is committed against an aggravated factor or against many unspecified victims (the scope of recommendation).