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(영문) 인천지방법원 2008.4.17.선고 2008고정739 판결
가.업무방해·나.폭력행위등처벌에관한법률위반(공동주거침입)
Cases

208 Fixed739(a) Business interference

(b) Violation of the Punishment of Violences, etc. Act (joint residence intrusion);

Defendant

1. ○○○;

2. Kim○-○

3. Franchise○○;

4. Flood; and

5. Lighting-○.

6. ○○.

7. Maximum○○.

8. ○○○

9. Stambed ○.

10. Yellow ○○

Park ○

South Korea

13. Ma○○

14. ○○

15. White○

16. old ○○

17. Kim○-○

18. ○○

Prosecutor

A person shall be appointed.

Defense Counsel

Attorney Park Do-young

Imposition of Judgment

April 17, 2008

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Criminal facts

The defendants asserted that the so-called non-regular workers law, such as the Act on the Protection, etc. of Fixed-Term and Part-Time Workers, and the Act on the Protection, etc. of Temporary Agency Workers, were enforced on July 1, 2007, and that the private side of Ireland demanded negotiations on the private side, but not accepted. However, under the orders of the chairperson of IT, etc. of the Lland General Labor Union, the defendants point out that the largest sales among affiliates are put on the Home Corporation of this Ireland, which is the largest sales from the affiliates, and interfere with its business so that they can accomplish the demands of the Trade Union. 1. ○○○○, Defendant 1, 200, Defendant 00, Defendant 00, and Defendant 00 were recruited with 1,200,000, and the victim's 1.30,000,000,000,000,000 No. 1,000,00,000,000 won.

2. On June 30, 2007, the Defendants offered and shared with 1,100 visitors, such as Ireland No. 1 and others. On June 30, 2007, at around 30: (a) around 30, the Defendants: (b) opened the company security guards who pretended to be customers or prevented the entrance in given that the Defendant, Inc., Ltd., the Defendant, located in Mapo-gu Seoul Mapo-gu IT located, and opened into the said store, and intruded into the said store; (c) forced visitors and employees; (d) set up the entrance by forcing them to display the sales team and its employees; (d) set up the entrance to a bar; (e) set the entrance at a place; (e) completely block them from entering outside; (e) shut down the CCTV and windows installed therein; and (e) obstructed external surveillance; and (e) obstructed the company from taking advantage of the company’s side from time to time by force; and (e) set the order of 20 days shift between the victims and the employees by 30 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. The written statement by the police about ○○○;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (Joint Residence Intrusion, Selection of Fines), Articles 314(1) and 30 of the Criminal Act (Interference with Duties, Selection of Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Each fine of 300,000 won for which the sentence is suspended; and

1. Detention in a workhouse;

Articles 70 and 69(2) of each Criminal Code (50,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (the Defendants’ act is illegal in which it cannot be used in the rule of law; however, this case took into account the following factors: (i) the Defendants’ participation in the crime is relatively minor; (ii) most of the Defendants were first or minor fine; and (iii) their depth reflects their crimes; (iv) the Defendants’ participation in the crime is against the law-abiding state; (v) the fact that there is considerable social consideration for non-regular workers is not sufficient; and (v) the case took into account the fact that there is an intention to keep the jobs of non-regular workers facing the dismissal crisis.

Judges

Judges

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