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(영문) 의정부지방법원 2016.08.25 2015노2383
집회및시위에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 및 법리 오해 ㈎ 집회 방해의 점에 관한 주장 ① 한 노총 경인 지부 L과 함께 있던 사람들은 같은 노조원들이 아니라 L에 의하여 고용된 용역업체의 직원일 뿐 L과 공동의 의견을 가진 사람들이 아니었으므로, 당시 한 노총 E 노조에 의한 ‘ 집회’ 자체가 존재하지 않았다.

② On May 29, 2015, disputes, etc. between the labor union and the labor union in Korea and the labor union in 05:50 on the same day, which occurred in around 05:50 on the same day and ends at around 05:58,00 prior to the beginning of the assembly, and thus, it obstructed the assembly of the labor union by the labor union members including the Defendant.

subsection (b) of this section.

③ With respect to interference with assemblies on June 1, 2015, the act of interference with assemblies was limited to propaganda activities conducted between 16:33 and 17:23 on the same day when there is no labor union member, and there was no interference with assemblies during the time period specified in the facts charged.

The video CD submitted by the prosecutor is a proof of time, etc.

④ With respect to interference with assemblies on June 2, 2015, the act of interfering with the assembly of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of the labor union of

L is not present at the above assembly site and was established at the assembly site, and can not be seen as a person attending the assembly. Thus, even if there was a dispute between the civil labor union E and L, it cannot be seen as an interference with the assembly.

⑤ On June 9, 2015, with respect to interference with assemblies, both sides of their propaganda activities were peacefully peacefully conducted, and there was no act of interference with assemblies, such as assault or intimidation of the members of the Civil Labor Group E, including the Defendant.

Defendant’s abusive act is merely an emotional expression at a level that cannot be seen as a “intimidating” and cannot be deemed as an interference with assembly by intimidation.

㈏ 2015. 6. 9. 업무 방해의 점에 관한 주장...

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