업무방해
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The facts were erroneous and misapprehension of legal principles and Q, including the Defendants
L's labor union members shared the purpose of hindering the general meeting of shareholders under the instruction and guidance of certain labor union members, and in this process, ① the control of the late door door door door entrance, ② the refusal to leave, ③ the attempt to occupy the general meeting of shareholders in the process of realizing this purpose.
In the case of the post-gate entrance control act, since there was an opinion among the union members in advance, it is recognized that the recruitment relationship between the union members including the Defendants was recognized and the refusal to leave due to the year, and the conspiracy relation should also be recognized.
However, the lower court rendered a not guilty verdict on this part of the facts charged with the purport of denying the Defendants’ conspiracys with respect to the above (2) acts and (3) acts. In so determining, the lower court erred by misapprehending the legal doctrine
B. The sentence that the court below rendered against the Defendants (the suspended sentence of a fine of KRW 700,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000)
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, it should be the case that at least two persons who are the joint principal offender of the public offering should become one of them to commit a specific criminal act with a common intent and shift their own intent to practice using another person’s act. Accordingly, the fact that the crime was committed should be recognized, but the joint principal offender of the public offering should be established.
In addition, since the above public offering or conspiracy is "the facts that will be a crime" in the joint principal offender, it shall be based on strict proof, and it shall not be necessary to decide in detail the details thereof, but it shall be found that the public offering has been established at least in accordance with the above purport.