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집행유예
(영문) 광주지방법원 2006.4.28.선고 2006고단549 판결
가.일반교통방해·나.업무방해·다.집회및시위에관한법률위반
Cases

206 Highest 549(a) General traffic obstruction

(b) Interference with business;

C. Violation of the Assembly and Demonstration Act

Defendant

1. A.B.C. Kim 00

2.(a)(c) Park 00

Prosecutor

Hybather

Defense Counsel

Attorney Shin Young-hun (for all of the defendants),

Imposition of Judgment

April 28, 2006

Text

Defendant Kim 00 shall be punished by imprisonment with prison labor for six months, and by a fine of 8,00,000,000 won. Where Defendant Park Park 00 fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 50,000 into one day.

With respect to the defendant Kim 00, 33 days of detention days before the sentence of this judgment shall be included in the above sentence. Regarding the defendant Park 00, 46 days of detention days before the sentence of this judgment shall be included in the period of detention in the old prison.

However, with respect to the defendant Kim0, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. The above fine shall be ordered against the defendant Park 00.

Reasons

Defendant Kim 00 was sentenced to one year for violating the Punishment of Violence, etc. Act (at night and joint residence intrusion) at the Busan District Court 0 May 19, 2004, and the execution of the sentence was completed on September 30, 2004, and the cargo co-operation department is the head of the freight co-ownership, who is not entitled to receive 7 U.S. co-ownership order from Samsung T&M T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

A. Defendant Kim 00, from around 09:50 on March 7, 2006 to around 09:50, held an assembly which was not reported after holding a banner, such as “a strike,” with 20 vehicles parked in front of the first factory of the Gwangju Trisung Electronic, with 20 persons and 20 vehicles, such as the land owner and the 1568 Twiters, etc. in front of the ownership of the Defendant, to prevent the entry of the vehicle, and “a party to a collective agreement,” posted a banner, including “a party to a collective agreement,” which was not reported.

B. Defendant Kim 00, and the same gambling0

(1) From around 16:00 to around 18:00 of the same month, the Minister of Justice held an assembly which was not reported by the following: (a) during the period from around 16:00 to around 18:00 of the same month: (b) the Minister of Justice held that the Minister of Justice: (c) the Minister of Justice: (a) the Minister of Justice: (d) the Minister of Justice: (a) the Minister of Justice: (a) the Minister of Justice: (b) the Minister of Justice, at the same place; (b) the Minister of Justice, at the same time; (b) the Minister of Justice: (c) the Minister of Justice: (d) the Minister of Justice: (d) the Minister of Justice: (d) the Minister of Justice: (d) the Minister of Justice: (d) the Minister of Justice, at the same time; and (d) the Minister of Justice: (d) the Minister of Justice

(2) From 10:40 to 11:00 on the 10th day of the same month, the Minister of Justice held an assembly which was not reported by the following: (a) from around 10:40 to around 11:00 of the same month, the Minister of Justice: (b) the Minister of Justice: (c) the Minister of Justice: (d) the Minister of Justice: (d) the Minister of Justice of the Republic of Korea, the Minister of Justice, at the same place; (d) the Minister of Justice, at the same time, the Minister of Justice of the Republic of Korea: (e) the Minister of Justice: (e) the Minister of Justice of the Republic of Korea, at the same time; (e) the Minister of Justice of the Republic of Korea, at the same place; (e) the Minister of Justice: (e) the Minister of Justice: (e) the Minister of Justice: (e) the Minister

(3) From 14:00 to 14:20 on the 13th day of the same month, the defect of Defendant Kim 00 to enter the borrower 22 and (ju) to a 39th day to carry out logistics transportation at the same place, such as the 14:0,00 Kudong Container Dolur, Gyeonggi-2772, which belongs to the Kudong Container, shall be placed on the front side of the vehicle by another borrower. Defendant Park 00 shall be placed on the front side of the vehicle, and Defendant Park Jong-soo shall be placed on the front side of the vehicle, and the borrower who is under way to relay the situation to the nation through T.

Holding an unreported meeting, such as prohibiting the entry into the factory of Lepers by means of creating reliefs, etc.;

C. Defendant Park 00, on November 11, 15:30 to 15:50 of the same month, occupies roads with 40 members of the extreme club at the same place, and opens a banner as referred to in Paragraph 1, without being reported by the following relief:

2. As set forth in paragraph (1)(A) and (b), Defendant Kim0: (a) as set forth in paragraph (1)(b); (b) from around 09:50 on March 7, 2006 to around 14:20 on March 13, 2006, Defendant Park 00 parked the vehicle at one column on the way from the 40-lane in front of the front of the entrance while parking the vehicle at one speed; and (b) from around 3:50 on March 7, 2006 to around 14:20 on March 13, 206, Defendant Kim 0 prevented the vehicle from passing between the said lane and the (main) Tropic Gwangju Electronic; and (c) prevents the vehicle from passing through the vehicle by taking the entrance 4 to 5 shifts and verbal abuse while preventing the vehicle from entering the factory of the said vehicle, thereby obstructing the victim from driving the vehicle by force and obstructing the vehicle transportation by road traffic at the same time.

Summary of Evidence

1. Defendant Kim 00’s legal statement, Defendant Park 00’s partial statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A written statement made by each prosecutor of the prosecution concerning Park 00, Han00, Park 00, Cho 00, and Kim 00;

1. Each protocol concerning the examination of suspect of the police against Kim 00, Kim 00, the maximum0, and Kim 00;

1. A protocol of each police statement about 00 persons and gambling0 persons;

1. A written statement of Park 00;

1. A place of information situation;

1. A copy of each information status report;

1. Copies of a documentary evidence;

1. Bulletin board of members;

1. Notification on return of the report for outdoor assembly;

1. A report on investigation (report accompanying physical evidence);

1. Criminal records and investigation reports (report accompanied by a copy of the judgment, and report confirming the date of release);

Application of Statutes

1. Article applicable to criminal facts;

Articles 185(General Traffic Obstruction), 314(1)(the point of interference with business), 19(2) and 6(1)(the point of an unreported assembly) of the Assembly and Demonstration Act, Article 30(1) of the Criminal Act

Articles 40 and 50 of each Criminal Act (Punishments on Interference with General Transport, Interference with Business, and Punishment on Disturbent General Transport Obstruction)

1. Selection of punishment;

○ Defendant Kim00: Imprisonment

○ Defendant Park 00

1. Aggravation of concurrent crimes;

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

1. Attraction in a workhouse (Defendant Park 00);

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Suspension of execution (Defendant Kim 00);

Article 62(1) of the Criminal Act

1. A provisional payment order (Defendant Park 00) Article 334 (1) of the Criminal Procedure Act;

1. Grounds for sentencing, etc.;

According to the above evidence, the defendants can sufficiently recognize the facts that the assembly of this case is the organizer of each assembly. Regarding sentencing, the first purpose of the assembly of this case is to conclude the cargo transport contract, to negotiate the cargo transport fee increase, to which the main purpose of the assembly of this case was to avoid any specific violence; to which the assembly of this case did not have any specific violence; to which the agreement was concluded and to increase part of the transport fee was made between the members of the regional container (main container) and cargo joint transport company after this case; to which the defendant Kim 00 did not have any past force of unlawful demonstration; to which the defendant had no previous record except for the case where the fine was paid in violation of the Road Act or the Road Traffic Act while driving the cargo vehicle; to which the defendant Park 00 had a previous department (including the actual type); to which the defendant Park Jong-ok had no force or physical reflect, and to which the means or method of the demonstration and assembly of this case should be taken into account on the basis of the records.

Judges

Han Gyeong-hwan

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