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(영문) 대전지방법원 2018.11.22 2018노1447
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The evidence submitted by the prosecutor of the misunderstanding of the facts and misapprehension of the legal principles reveals that the defendant was not guilty of the defendant on a different premise, although the defendant sufficiently recognized the fact that he had had the employees of the company of this case engaged in a full-time strike.

2. The lower court, based on the circumstances indicated in its reasoning, found that the instant facts charged were proven without reasonable doubt by the evidence presented by the prosecutor.

For reasons that it cannot be seen, the defendant was acquitted.

In addition to the following circumstances revealed by the records, the judgment of the court below is just and acceptable, and there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the prosecutor.

subsection (b) of this section.

1) At the court below’s trial, the head of the Trade Union Support Team of the instant case stated to the effect that “The employees of the instant company engaged in the instant strike and engaged in the instant strike together at the time of the instant strike, Hyundai Motor Co., Ltd. or Amateur Motor Co., Ltd., Ltd.,” stated to the effect that “after the instant strike, the employees engaged in the strike together with Saturdays and Sundays.”

2) At the time of the police investigation, U.S. chief of the Trade Union Support Team of the instant case stated to the effect that “the instant company did not have a substantial damage to the instant strike.”

3) The number of employees of the instant company was approximately 540, and approximately 400 in the case of the instant company in 2015 and approximately 280 in the case of the strike in 2016. The instant company has withdrawn the Defendant’s complaint with respect to the strike in 2015. In the case of the strike in 2016, there was a vote for and against the union members before the date of the strike.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so ordered as per Disposition.

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