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(영문) 수원지방법원 2017.09.22 2017노1764

업무방해

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The lower court determined that among the facts charged in the instant case, the Defendants obstructed the victim P’s facility management duties and the victim L’s temporary general meeting of shareholders on June 29, 2015 (hereinafter “instant general meeting of shareholders”) by force by committing an act of refusing to withdraw with approximately 146 union members or by attempting to occupy and depart within the shareholders’ general meeting of shareholders. As to the part of the facts charged in the instant case, there is no collusion with the above other union members.

Based on the judgment, innocence was pronounced on the grounds of the judgment.

2) However, as long as the Defendants had the aim to interfere with the normal general meeting of shareholders under the direction and guidance of the executive body of the trade union, and participated in the conduct of controlling shareholders’ access to it, the Defendants may also be deemed to have the intention of conspiracy and functional control over the act of refusing to comply with the withdrawal and attempted to stop with the other union members.

Although the court below found the defendant not guilty of this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (each suspended sentence of a fine of KRW 300,00) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. The main points of the facts charged are as follows: (a) the labor union members belonging to L branch’s L branch’s resolution to occupy the entrance of the general meeting of shareholders or to interfere with the general meeting of shareholders by participating in the general meeting of shareholders as a minor shareholder; (b) around 00:30 on June 29, 2015, approximately 60 members of the labor union moved from Changwon to P in the future by bus using the bus at around 05:30 on the same day; and (c) around 05:30 on the same day, both the horse and work clothes were worn

The defendants in collusion with about 20 other labor union members, such as exclusive sponsors, enter the same day from 06:30 to 06:43 of the same day into the above PP parking lot, and the chief of the P Management Support Department U and the chief of the transportation guard belonging to the branch police station.