Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles) The primary bus participants, including Defendant 1 related to the crime of violation of the Punishment of Violences, etc. Act (joint residence) enter the Youngdo Shipbuilding, fall under the non-protection area of the Youngdo Shipbuilding, and the underline of the 85 Crast, which had been staying in the Youngdo Shipbuilding, and the underline of the Youngdo Shipbuilding was judged to be more safe due to the threat of security services. At that time, the Youngdo Shipbuilding was already occupied by other union members, and therefore, the entry of the Defendant into the Youngdo Shipbuilding through the door opened by the above union members does not constitute a new infringement of legal interests.
B) The participants in the demonstration including the Defendant related to the general traffic obstruction order are too narrow to drive along India, and the interference with the traffic of motor vehicles is limited to the traffic control by the police, not caused by the participation in the demonstration, including the Defendant. C) It is unclear whether the police requested the dispersion prior to the dispersion order at the time of the instant case related to the violation of the Assembly and Demonstration Act, and it is not clear whether the dispersion order was issued three times or more. Thus, the dispersion order in this case is not in accordance with the lawful dissolution procedure, and the Defendant’s act does not constitute a non-compliance with the dispersion order.
2) The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable and unfair. B. The prosecutor (the lower court’s sentence of an unjust punishment) is too uneasible and unfair.
2. Judgment on the defendant's assertion of mistake of facts
A. The following circumstances are revealed based on the evidence duly adopted and examined by the court below related to the crime of violation of the Punishment of Violences, etc. Act (joint residence), i.e., the Hanjin Industries was prevented from entering the Youngdo Shipbuilding except for the partial limited number of persons by taking a lock-out measure as of February 14, 201, and ii the Hanjin Heavy Industries was without the permission of the company at the time.