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(영문) 부산지방법원 2017.08.09 2017고정208
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The criminal facts were partly revised according to the facts acknowledged within the extent that does not actually disadvantage the defendant's exercise of his/her defense right.

The defendant is the head of metal labor union C branch office in Busan Metropolitan City, and the victim D shall be the chairperson of the C Trade Union.

On June 14, 2016, around 07:45, the Defendant had more than 10 executives at the C-In-house restaurant located in the Busan Young-do, Busan High-do branch C-Oinsan branch C-Oin, Busan, and the victim had consulted with the company in relation to the wage organization agreement with C-Oins. The Defendant attempted to proceed with the report conference.

Whether or not to believe a corporation

C. The Defendant continued to talk with the executive officers of C branch with the victim’s prior table, thereby preventing the victim from reporting, and preventing the victim from suffering any defect in the victim’s talking. After that, the victim’s talked with C branch members, despite the fact that the members of C branch, who were in response to the Plaintiff’s abusive behavior, attempted to move to the victim by force, and the executives of C branch members of C branch, who were the same, interfered with the victim’s work of reporting the C branch labor union by means of force, such as avoiding disturbance by force for about 2 minutes, considering that the members of C branch members were able to move to the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. No evidence: D's legal statement;

1. Application of the Acts and subordinate statutes of photographic evidence, conversation, USB (hereinafter referred to as the "video");

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment is more severe than the summary order, comprehensively taking into account the following circumstances: (a) the degree of interference with and duration of the reason for sentencing of Article 334(1) of the Criminal Procedure Act; (b) the background of the instant crime; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime.

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