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(영문) 인천지방법원 2014.10.24 2014고정38
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above defendants are subject to each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the Secretary General of the Ministry of Public Transport and Social Services Union (hereinafter referred to as the "Public Transport") E, the Director General of the Ministry of Public Transport and Social Services, the Director General of the Incheon Branch of the Ministry of Public Transport and Transportation, and the Director General of the Incheon Branch of the Ministry

1. On August 19, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint residence) continued to enter the office of the representative director around 10:55 on the same day, even though they knew that the Disciplinary Committee was open due to occupational embezzlement and absence without permission from the second floor office of a limited-liability company, the 135-2 of Gyeyang-gu Incheon Gyeyang Movement (hereinafter referred to as “third-party”), and entered the second floor office of the tri-party 10:50 on August 19, 2013, even though they were not the representative of workers, and then requested several times from the tri-party H office of the tri-party G, the victim H, who was the tri-party G, to leave the office of the representative director around 10:55 on the same day.

Accordingly, the Defendants jointly intruded on the office managed by the victim.

2. From around 10:50 on August 19, 2013 to 12:10 on the same day, the Defendants had an office as described in paragraph (1) at the above three-dimensional transportation second-story office and the representative director’s office, leading to the disturbance, such as interfering with business affairs, and passing sound, etc., and the disciplinary committee against F, which was decided to proceed by the victim H, was delayed at around 11:00 on the same day.

As a result, the Defendants conspired to interfere with the victim's work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, F, and I;

1. Results of the CD verification in this Court

1. Notice of attendance of a disciplinary member, list of disciplinary members of a representative bargaining trade union, collective agreement, public notice of a major trade union, confirmation and public notice of a trade union requesting bargaining, and the application of statutes;

1. Relevant Articles 2 (2) and (1) of the Act on the Punishment of Violences, etc., 319 of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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