폭력행위등처벌에관한법률위반(공동주거침입)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (the part not guilty against the Defendants in the judgment of the court below) is a place where access to the above facilities is strictly restricted, and the defendants' entry to the above facilities for the purpose of demonstration on the diskettes does not constitute a justifiable act.
B. Although the prosecutor states the grounds for appeal that the sentencing against the Defendants is unfair on the grounds of appeal, Defendant A was acquitted at the lower court.
The sentence of the lower court (in the amount of a punishment of KRW 500,000) is too unhued and unreasonable.
2. Determination
A. 1) The lower court acquitted the Defendants of this part of the facts charged on the ground that, in full view of the following circumstances acknowledged by the records and arguments on facts and legal principles, it is reasonable to deem that the Defendants did not comply with the request from the victimized company for the suspension of demonstration, but the Defendants’ diskettes did not infringe on the essential part of the right to manage the facilities of the company under the control of the victimized party, and that the evidence submitted by the Prosecutor alone cannot be deemed unlawful.
① The Defendants obtained permission to enter the F-Development Labor Assistance Co., Ltd. (hereinafter “this case’s Trade Union”) in order to visit a tour, and the Trade Union and Labor Relations Commission conducted the instant Trade Union and Labor Relations Commission’s demonstration in front of F-cafeteria by using the occupation time, which was not an autonomous working hour, and the instant Trade Union and Labor Relations Commission allowed the instant Trade Union and Labor Relations Commission’s demonstration.
② The Defendants, as the union members affiliated with the National Democratic Trade Union Federation of Korea to which the union members of this case belongs, were not related to the union of this case.
It is difficult to see it.
③ The N of the Trade Union’s ground for the Trade Union of this case was previously prepared by the members of the Trade Union of this case and the members of the National Federation of Democratic Trade Union of Korea to hold an assembly or demonstration in company.
was stated.
④ The Defendants commit violence.