The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. As to the obstruction of business by mistake of facts or misapprehension of legal principles, and obstruction of business related to the C Station, which was conducted as part of an industrial action, the purpose of the industrial action is not only justifiable, but also has different requirements for the legitimacy of the industrial action, and there is a justifiable ground to believe that the defendant's act is not illegal, and therefore, it is not punishable in accordance with Article 16 of the Criminal Act.

In addition, around September 24, 2009, AH of the Korean Railroad Workers' Union (hereinafter "railroad Workers' Union") did not commit any act threatening the other party by stopping the removal of tents, and the Defendant resisted the Korea Railroad Corporation (hereinafter "railroad Corporation")’s act of unfairly performing its duties. As such, the illegality is dismissed as legitimate self-defense or legitimate act.

With respect to interference with the business of Q Station on May 21, 2009 and on June 29, 2009, the Defendant was under the direction of the railroad labor union union, and the Defendant was under the direction of the railroad labor union. The contents of the Q Station’s business order are restricted in fact by limiting the strike for safe operation, and thus, it does not constitute “defensive force” of the crime of interference with business.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for six months and one year of suspended execution) is too unreasonable.

B. The lower court acquitted the prosecutor (1) on the ground that it is difficult to regard the interference with the business of July 1, 2009, on the ground that it was difficult to view that the refusal to provide labor was ordered. However, in light of the status of the Defendant’s railroad labor union, the situation where the railroad labor union continued the strike for safe operation, and the Defendant’s position in the labor union, etc., the Defendant’s expression that “the Defendant knew that it constitutes a heavy accident” against AS and AU is an instruction to suspend the business against Q Station’s work instruction.