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(영문) 대구지방법원 서부지원 2014.04.30 2013고정1161
건조물침입등
Text

Defendant

A shall be punished by a fine for negligence of KRW 700,00, and by a fine of KRW 1,500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the branch of the FF corporation of the Korean Metal Trade Union, and Defendant B is the branch of the G branch of the Korean Metal Trade Union.

1. Defendant B infringed upon Defendant B’s structure without permission on the victim’s factory by carrying the tent of the Korea Metal Trade Union G branch into the vehicle without obtaining the victim’s consent or consent from the said company, at around 12:50 on March 26, 2013, on the front of the main official office of the FF corporation located in H, and without obtaining the victim’s consent or consent from the said company.

2. The Defendants, in collusion, set up a tent for the same reason at the time and place specified in paragraph (1), from around 07:40 to around 08:10 of the same day, and from around 12:50 to around 13:20 of the same day, the Defendants obstructed the Defendant’s business operation of the victim company (the representative director I)’s legitimate factory operation by force, by asserting, “the number of democratic union members, the suspension of collective bargaining, the participation by central-branch negotiations, etc.” through loudspeakers, and by creating the same atmosphere that the Defendants’ work needs to be organized through ample-, ample-, and the exercise of real force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J and K;

1. Each legal statement of witness L and M in part;

1. The statements of witnesses I and N in the second protocol of the trial;

1. Partial statements made by witnesses in the third protocol of trial;

1. Statement of the N in the police station;

1. Each written statement of the I;

1. A complaint;

1. Peremptory notices, written rulings, questioning, etc.;

1. On-site photographs;

1. A written complaint, the number of employees working on each day (from March 26, 2013 to June 12, 2013), the remaining and special reports;

1. Application of Acts and subordinate statutes to an investigation report (the reply to the removal of a tent), correspondence, investigation report (the submission of reference materials to a complainant), published materials, printed materials, administrative guidance official document, interview newspapers, farming and growth photographs, etc., investigation report (the complainant I, N and suspect A interview report) shall be made;

1. Relevant Articles of the Criminal Act and the choice of punishment for the criminal facts;

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