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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. On July 2, 2008, the decision of the court below (the court of first instance) rendered a suspended sentence of one year to the defendant who was the chief vice-chairperson of the D Trade Union (hereinafter "D") on the facts charged in the instant case, i.e., interference with the business by general strike on July 2, 2008 (hereinafter "the instant strike"), ii) interference with the business related to the transportation of U.S. beef and beef, and iii) interference with the business related to the S Group, and sentenced the defendant to a suspended sentence of one year. The defendant appealed each on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing, and the prosecutor appealed each on the grounds of unfair sentencing. The court of first instance prior to
In light of the fact that the defendant appealed against the judgment of the party before remanding the above case, and the judgment of remanding the case is indicated as the place of business where it is difficult to see that serious confusion or enormous damage was caused to the business operation of the user in light of the size of the strike at some places of business related to the strike of this case, the part of the business identified in the facts charged in this part does not constitute a case where the employer's free will to continue the business could be deemed as a crime of interference with business. However, the court below erred in the misapprehension of legal principles as to the crime of interference with business and thereby affecting the conclusion of the judgment, which found the defendant's act to be guilty of this part of the facts charged, by failing to properly deliberate on the above facts, and by misapprehending the legal principles as to the crime of interference with business, which affected the conclusion of the judgment, and since the judgment before remanding the case was sentenced to one punishment on the grounds that there was a concurrent relation between
2. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts and misapprehension of legal principles (the obstruction of business due to the strike of this case).