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(영문) 울산지방법원 2020.6.24.선고 2020고단824 판결
가.폭력행위등처벌에관한법률위반(공동주거침입)·나.하천법위반·다.집회및시위에관한법률위반·라.폭력행위등처벌에관한법률위반(공동재물손괴등)
Cases

Ga. Violation of the Punishment of Violences, etc. Act (joint residence)

(b) Violation of the River Act;

(c) Violation of the Assembly and Demonstration Act;

(d) Violation of the Punishment of Violences, etc. Act (joint property destruction and damage, etc.);

Defendant (dual name)

1.(b)(c)The President, the 75-year People's Republic of Korea, the Head of the District Department for National Construction Union;

Residential Ulsan

2.(b)(c)The Ministry of Gamba, 63-years, South, and the Ministry of Home Affairs, the Ministry of Home Affairs, the Ministry of Home Affairs, the Ministry of National Construction and Fisheries,

Head of branch office

Residential Ulsan

3.(c)(d)The Director of the Site of the Ministry of Environment in the Republic of Korea, for sewage, 73 years old, South, and Ulsan.

Residential Ulsan

d)(d)The President of the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of

Residential Ulsan

Prosecutor

Kim Jong-sung (prosecution), Shin Ho-ho (Trial)

Defense Counsel

Law Firm Barn

Imposition of Judgment

June 24, 2020

Text

【Defendant Head of the Republic of Korea】

The chairperson of the defendant head shall be punished by a fine not exceeding 60 million won. If the chairperson of the defendant head fails to pay the above fine, the above defendant Eul shall be confined to the head of the Nowon-gu for the period calculated by converting one million won into one day.

To issue an order for provisional payment of an amount equivalent to the above fine.

[Defendant Park In-bok]

The head of the Tong-gu shall be punished by a fine of KRW 4 million. In the event of failure to pay the above fine of KRW 100,000,000 to the head of the Tong-gu, the above defendant shall be confined to the head of the Tong-gu for a period of one day converted from KRW 100,000. An order of provisional payment equivalent to the above fine

【Defendant’s Sewage】

The defendant's stone shall be punished by a fine of two million won. If the defendant's sewage does not pay the above fine, the above defendant's stone shall be confined to the workhouse for a period of one hundred thousand won converted into Eul for one day.

An order to pay an amount equivalent to the above fine shall be issued.

【Defendant Maximum Branch】

Defendant B shall be punished by a fine of KRW 4 million. In the event that Defendant B’s branch does not pay a fine of KRW 100,000,000, the foregoing Defendant B shall be confined to the head of the Nowon Station for a period calculated by converting Defendant B B into one day.

To issue an order to pay an amount equivalent to the above fine.

Reasons

Facts of crime

【Basic Facts】

The president of the defendant head is the head of the Ulsan Construction Machinery Branch (hereinafter referred to as the "Ulsan District Branch") of the Democratic Labor Union Korea Construction Workers' Union, the head of the land division of the Ulsan District Department of the defendant's river water, the head of the branch branch of the Ulsan District Association of the U.S. District, the head of the defendant's house site division of the U.S. District Association, and the head of the defendant's houseb. 35 members of the Ulsan District Association of the U.S. District Association of the U.S. District. The members of the U. Ulsan District Association of the U.S. District are members of the U.S. District Association. The U.S. Branch requested each Lebacon company of the Ulsan District to raise transportation cost (one transportation charge of 45,000 won to 50,000 won) but each company opposed to this, each company rejected transportation from July 1, 2019 and declared the general strike.

【Criminal Facts】

1. On July 1, 2019, Defendant (the president of Defendant) tried to hold an assembly and demonstration in the course of the overall strike as above; around June 3, 2019, Defendant did not report to the chief of Ulsan Southern Southern Police Station on the name of assembly, construction workers' right to life, date and time of the assembly from June 6, 2019 to July 3, 2019; “the venue of the assembly”; “SO Energy Embry and delivery in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, U.S., U.S., HU sentiments and delivery; “the president of the organizer”; “an organization scheduled to participate”; “an organization scheduled to report the number of participants” as “the number of participants in the assembly.”

Nevertheless, on July 1, 2019, from around 12:00 to 14:00, the Defendant held an assembly by means of assembly report as above in front of the SO Energy colon located in Ulsan-dong, Ulsan-gu, U.S., and thereafter, around 14:00 on the same day, broadcast vehicles f0 persons, including labor workers, and broadcast approximately 60 persons who participated in the assembly, f0 persons of the conference f0 persons of the participants of the conference cambling the general strike, 15th demand blick blick blick bl. bl. bl. b. f. b. c. f. f. b. f. f. b. f. f. b. c. f. c. c., the Defendant f. b. 802-10 p.m.

As a result, the defendant clearly exceeded the scope of the reported purpose, date, time, place, method, etc.

2. On July 30, 2019, according to the general strike of the Gansan Branch of Ulsan District (the head of the defendant, the president of the last branch, and the head of the gambling branch), the six manufacturing factories belonging to the 14 ready-mixed companies located in Ulsan District were refused to negotiate transportation expenses from July 5, 2019 to July 11, 2019 and suspended business.

Accordingly, on July 12, 2019, the Ulsan District Association held a meeting demanding the increase of the transportation cost for ready-mixed at the center of Ulsan Metropolitan City Office located in 201, Ulsan Metropolitan City Office, Ulsan Metropolitan City around that time, and opened 8 a tent in front of the viewing due diligence, and continued to engage in an arbitration by Ulsan Metropolitan City on July 24, 2019, the Ulsan Metropolitan City Association "I will look at the growth of farming directly by the Ulsan Metropolitan City Mayor, and I will not know the importance of the situation," and "I will look at the growth of farming directly by the Ulsan Metropolitan City Mayor on July 24, 2019," which means "I will dismantle and stop farming around July 25, 2019.09."

However, later, the passage negotiation does not run properly, and from the ○○○○○ recognized as a public official belonging to the Ulsan Metropolitan City, the construction of the Ulsan Metropolitan City around July 30, 2019, the middle of the "Ulsan Metropolitan City" is between the lecon and the trade union

When hearing the opinion to the effect that it is more difficult to participate in it, the Defendants had been willing to demand for ‘the increase of the transportation cost of ready-mixed, Ulsan Metropolitan City Mayor's interview with the main office of the Ulsan Metropolitan City Office, which is located in the Ulsan Metropolitan City Office', such as ‘the increase of the transportation cost of ready-mixed, Ulsan Metropolitan City Mayor's interview with and arbitration.

A. At around 15:00 on July 30, 2019, the chairperson of the defendant headquarters ordered the executives of the union, such as the head of the Handodo Subdivision, the head of the branch of Hando Subdivision, the head of the branch of Hando Subdivision, and the head of the member subdivision, to "I am in front of up to 16:0" to "I am in front of and out of the members of the union". The 35 members, such as the defendant branch, the head of the defendant's house, and yellow Dust, were 35 members of the union around 16:0 on July 30, 2019, at the center of the Nam-gu Seoul Metropolitan City, the head of the union at the end of 201, without wearing the head of the union, the head of the union, and the head of the union, and the head of the union at the expense of the defendant 2, including the defendant 1, the head of the union, the head of the union, and the head of the union at the 3.

Accordingly, the defendants invaded the first floor of the office of Ulsan Metropolitan City, the building managed by the Ulsan Metropolitan City Mayor, in collaboration with 35 members such as Yellow A, etc.

B. Defendants in violation of the Act were members of Ulsan District Branch, and the Ulsan District Department reported that they hold an assembly in front of the Ulsan District Viewing and the Ulsan District Viewing, etc., from July 11, 2019 to August 5, 2019. However, the Defendants conspired with 35 members, such as Yellow A, to enter the assembly on July 16: 16:0 on July 30, 2019, at the center of Ulsan Metropolitan City 201, with the first floor of the Ulsan District 201, and at the same 20th anniversary of the dissolution order, at the same 20th anniversary of the dissolution order, the two members of the Seoul District 20th National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and the fourth National Assembly and executive.

3. On August 26, 2019, the Defendant did not find an agreement point on the increase of transportation cost, despite the continuous assembly and demonstration, the Defendant was not seeking to express his/her opinion in the Ulsan District Department by hearing the talk that the President, who is the President of the Republic of Korea, visits Ulsan, visits Ulsan on August 28, 2019, and posting banners.

Any person who intends to perform an act, such as occupying and using land and constructing structures, in a river zone shall obtain permission from the river management agency.

Nevertheless, on August 26, 2019, the defendants installed four banners stating the contents, such as "Woo-gu Office of Ulsan-gu, the competent management authority," "Woo-gu, Ulsan-do, the river area of Ulsan-do, a river area of 7.2 meters high, 3.6 meters wide, 3.6 meters high, and 3.6 meters long. At around August 28, 2019: 03:10, the defendants laid on the Round-gu, the above Round-gu, "Woo-gu, the end of the right to life of ready-mixed workers", "Woo-gu, the Hab-gu, the Habbbk side of which is inside the minimum wage level, installed four banners stating the contents of the right to live," and the river structures were installed without permission from the management authority. The river structures were installed without permission from the management authority.

4. On August 28, 2019, the Defendant, despite the continuous assembly and demonstration, did not find any agreed point on the increase of transportation expenses, and around August 28, 2019, the Defendant prepared a cutting machine, knife, knife, knife, knife, knife, and vinyl, etc. in advance, which was listed on the Mara○ Factory (raw materials storage place, about 16 meters high) located in Ulsan Amsan-dong around August 28, 2019.

A. At around August 28, 2019, the Defendant violated the Punishment of Violence, etc. Act (joint destruction, damage, joint residence intrusion), around 30, 2019, went into the factory by entering the bottom of the fence installed at the Hanra○ factory fence of the said stock company, and intrudes into the factory, thereby preventing the entry into cement shooting days, the victim boom ○○-owned net, lock (on the upper part of KRW 10,00), which was well prepared in advance, set up a banner on the rooftop and set up a banner on the rooftop.

As a result, the defendants jointly damaged the property owned by others, and infringed on the structure against the will of the manager.

B. In the assembly and demonstration, the Defendants in violation of the Act reported to hold an assembly at the meeting from August 21, 2019 to September 18, 2019, the Ulsan District Department reported to hold the assembly at the port of Ulsan-gu Mara○○○○ (Korean Ra○) Congested (Korean) and its neighboring delivery, etc. The details of the report are about 16 meters high from the date of the assembly and demonstration, and there was no content that the Defendant would be punished for high-quality agriculturality.

Nevertheless, at around 28.03:30 on August 28, 2019, the Defendant: (a) installed three banners on the wall of the building; (b) around 28.03:30 on September 20, 2019; (c) on the rooftop of the stock company, the Defendant held three public gatherings on the outside of the building, such as the following: (a) “Guarantee of the right to life of ready-mixed workers; (d) the construction worker’s end-up of the research of ready-mixeds; (e) the capital wave business; and (e) the labor pressure of ready-mixeds; and (e) the so-called “hick-hick-hick-hicking-hicking-hicking-hicking-hicking-hicking-hicking-hicking-hicking-hicking-hick-hicking-hicking-hicking-hicking-hicking-hicking-hicking-hicking-hicking-h.

Summary of Evidence

1. Each legal statement of the defendant ( omitted);

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

The president of the ○○○ Head: Articles 22(3) and 16(4)3 of the Assembly and Demonstration Act (the point of exceeding the scope of assembly report); Article 2(2)1 of the Punishment of Violences, etc. Act; Article 319(1) (the point of entering a public structure) of the Criminal Act; Articles 24 subparag. 5 and 20(2) of the Assembly and Demonstration Act; Article 30 of the Criminal Act (the point of failing to comply with a dispersion order); Articles 95 subparag. 5 and 33(1) of the River Act; Article 30 of the Criminal Act (the point of occupying a river area without permission)

○ Defendant 2: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1)(a) of the Criminal Act, Article 24 subparag. 5, and Article 20(2) of the Assembly and Demonstration Act, Article 30 of the Criminal Act, Article 95 subparag. 5, and Article 33(1) of the River Act, Article 30 of the Criminal Act (a violation of an order of dispersion); Article 30 of the Criminal Act (a violation of an order of dispersion);

○ Defendant’s wastewater: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 22(3) and Article 16(4)3 of the Assembly and Demonstration Act, Article 30 of the Criminal Act

○ The last branch of Defendant 1: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (the co-entry of a building), Article 24 subparag. 5 and Article 20(2) of the Assembly and Demonstration Act, Article 30 of the Criminal Act (the non-compliance with the order of dissolution), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Articles 2(3) and 16(4)3 of the Assembly and Demonstration Act, Article 30 of the Criminal Act (the act of exceeding the scope of report)

1. Selection of a punishment;

○ Defendant: Selection of each fine

1. Aggravation of concurrent crimes;

○ Defendants: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Invitation in a workhouse;

○ Defendant: Articles 70(1) and 69(2) of each Criminal Act

1. Order of provisional payment;

○ Defendants: Each of the reasons for the form of the article 334(1) of the Criminal Procedure Act, all of the Defendants recognized the instant crime; the background leading up to the instant crime; the circumstances after the instant crime; the Defendants’ role in the instant crime; the existence of the same kind of power; the Defendant’s sewage, the best meeting; the withdrawal of the complaint from Hanra○○○, Inc.; and other circumstances indicated in the records, such as the Defendants’ age, character and conduct, environment, means, and consequences, shall be comprehensively taken into account; and the sentence shall be determined as ordered.

Judges

Judges’ or higher leaves

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