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(영문) 서울중앙지방법원 2016.09.30 2016노2087
업무방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) is a space that is separate from “the front passage of the officer room” where the Defendants occupied by the officer room (hereinafter “the contact room of this case”) is a non-open-end independent business space used by non-members or non-members (non-members) for a specific purpose only.

In addition, the defendants, together with 60 members, occupy a facility in the form of gathering a 60 ticket and holding it in the contact room and taking out relief and scambling, and thereby, it was interfered with the performance of duties of officers and supporters to the extent that it is practically impossible.

Therefore, although the Defendants’ act cannot be seen as a legitimate dispute, the first instance court held the Defendant not guilty on the premise that the Defendant’s act at the responding room in this case and the above “roman’s room in front of the officer room in this case” were the same place, and on the premise that the purpose, method, and attitude of the strike in this case are legitimate. In so doing, the first instance court erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment.

2. The first instance court acknowledged the facts and circumstances as stated in its reasoning based on the evidence duly admitted and investigated, and found that the strike conducted by the branch of the Press Labor Relations Adjustment F, including the Defendants, constitutes a legitimate dispute. As long as the above workers’ dispute acts are justifiable, each of the instant actions by the Defendants, which were conducted within the scope of the scope of the legitimate dispute, is a legitimate act falling under Article 20 of the Criminal Act, and thus, the illegality of each of the instant actions by the Defendants is excluded. Thus, each of the instant facts charged against the Defendants constitutes a case where each of the instant facts charged against the Defendants is not a legitimate act, and thus, acquitted the Defendants pursuant to the former part of Article 325 of the Criminal Procedure Act.

The judgment of the court of first instance is rendered.

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