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(영문) 부산지방법원 2018.02.22 2017고단2788
집회및시위에관한법률위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, violation of the Assembly and Demonstration Act.

Reasons

Punishment of the crime

The Defendant shall be the chairperson of the C-Organization D Nowon E Trade Union in B.

On April 14, 2016, the Defendant, along with its members, established a branch office for the engineer H (Death, April 13, 2016) from the company’s head office of G in F, along with the members of G, and proceeded with the agricultural nature requiring “the demand for industrial accident treatment, the bereaved family compensation, and the preparation of countermeasures to prevent recurrence” at that place.

Accordingly, the victim G requested the above trade union to voluntarily remove the above farming growth, the decentralization, and banner printed materials installed on the wall because of the infringement of the right to manage the building facilities over several occasions. However, the victim G removed around 17:0 on April 18, 2016 and moved the above trade union office in B to the trade union office located in B.

Defendant planned to re-establish at the same place as the above-mentioned branch I of the above trade union work site I, the head of the vehicle branch J, the head of the service branch K, the chief vice-chairperson L, the head of the general affairs branch M, etc., and planned to re-establish the removed flag and the agricultural growth house at the same time. On April 18, 2016, around 21:00 of the above G branch, the Defendant entered the road with the front door of the above G branch and occupied part of the street by establishing the branch and the agricultural growth.

Accordingly, the Defendant intruded upon the G principal hall managed by the injured party jointly with the above I, J, K, L, M, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness N;

1. Statement made by the prosecution against theO;

1. Statement made by the police with respect to N;

1. Application of the Act and subordinate statutes of a report on “the progress of farming related to the death of an engineer” submitted by the accusers, the official document requesting the discontinuance of the illegal act, the photograph (105~121 pages), and the

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act (a point of common intrusion) and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (where punishment is suspended and the defendant does not pay a fine, the daily conversion amount: 10,000 won);

1. Article 59(1) of the Criminal Act (a postponed sentence: a fine of KRW 500,00) provides that the Defendant shall be subject to a suspended sentence.

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