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(영문) 울산지방법원 2019.02.15 2018노1154
업무방해
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (a fine of KRW 15 million is imposed on the Defendants (a fine of KRW 15 million, Defendant B, and D): each fine of KRW 10 million) declared by the lower court against the Defendants is too uneasible.

2. The crime of this case was committed by the Defendants, an executive officer of the trade union, by force of force of the victimized company, to stop the operation of a new manufacturer without the agreement between the labor and management, and thereby obstructing the business of the victimized company’s automobile production. The crime of this case was committed against the total amount of 69,611,484 won, and the Defendants were punished several times for the same crime. In particular, the Defendants did not know even during the suspension of the execution period for the same kind of crime, and did not go to the crime of this case.

However, in light of the circumstances that are favorable to the defendants, such as the fact that the injured company's conduct of a new input process without labor-management agreement was one of the causes for the crime of this case, there are some extenuating circumstances in light of the background of the crime, the number of physical strengths were mobilized, but the time of obstruction of business (109 minutes, 236 minutes, 84 minutes) was not so obvious, and the time of obstruction of business was not so long. The labor-management has taken full account of the circumstances that are favorable to the defendants, such as the defendant's age, environment, family relations, motive and circumstance of the crime, and circumstances after the crime, etc., and other circumstances that are conditions for sentencing as shown in the arguments, such as the defendant's age, environment, family relations, and the crime, the prosecutor's assertion cannot be deemed unreasonable since it is too unreasonable to the extent that the sentence of the court below should be reversed.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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