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(영문) 전주지방법원 2017.09.01 2017노505

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. As to interference with the summary of the grounds for appeal (misunderstanding of facts), ① the Defendant had already completed the removal of image fireworks, and the Defendant did not use power by displaying or towing the hack pipe in order to interfere with the business of installing the hacker system by suppressing the victim’s employees’ free will, and ② the business of installing the video hacker system of the C previously plant does not constitute a legitimate business that is protected by the crime of interference with the business. Thus, the lower court erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged in the instant case is a worker at the C Jeonju Factory Co., Ltd., who is a representative of the metal labor union C Jeonju Factory Committee. The CCTV installed around May 9, 2016 at the C Jeonju Factory to prevent fire, which is likely to infringe on workers’ human rights.

In response to the assertion, around May 13, 2016, from May 16, 2016 to May 16, 2016, 14:40 on May 20, 2016, the former factory support division, etc. consulted on the removal of video-type fireworks, but the negotiation was concluded, the video-type fireworks reduction equipment was decided to be arbitrarily removed.

Accordingly, around 16:00 on May 20, 2016, the Defendant removed and brought to the Defendant at C Jeonju Factory Truck painting, mixing straws, ARP (Cooperation rooms), and upper east amps by cutting the cables connected to the 4 image sprinks installed at observers, and on May 22, 2016, the Defendant entered the facts charged, stating that around 14:15, around May 23, 2016, the PEP, ARP (Cooperation rooms), the upper ray, and the video sprinking machine at observers, and the lower court: (a) installed a video sprinking cable (Cooperation rooms); (b) installed at observers; (c) installed at observers; and (d) installed at observers; and (d) installed at the closed air sprinks; and (e) installed a video sprinking team; and (e) installed at the closed air sprink.