Defendant

All appeals filed by AM and prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Although Defendant AM (the part of the crime of violation of the Punishment of Violences, etc. Act (joint injury)) is true to display a knife a knife to the public domain, there is no fact that the victim's face was inflicted with knife as stated in the facts charged.

B. Prosecutor 1) misunderstanding of the legal principles (as to the part of innocence against Defendant D, from November 5, 2009 to November 7, 2009, and the part of interference with each business from November 26, 2009 to December 3, 2009) Defendant D was dismissed on each of the above occasions.

However, according to evidence, the above defendant's functional control over each of the above crimes is recognized, since he/she was involved in the decision-making and progress of the dispute, such as a series of strikes, etc., to the AU of the Seoul Local Headquarters in the railroad union.

Therefore, each of the above crimes constitutes a joint principal offender.

2) The lower court’s sentence (Defendant D, N, AO: KRW 3 million for each of the fines; KRW 4 million for Defendant AJ; Defendant AM: imprisonment with prison labor for 6 months; one year for suspended execution) against the illegal Defendants is too uneasible.

2. Determination

A. As to the Defendant AM’s assertion, in light of the spirit of substantial direct deliberation that is adopted by our criminal litigation law, the appellate court made a clear error in the first instance judgment as to the credibility of the statement made by the witness of the first instance trial.

In light of special circumstances or the results of the first instance examination and the results of the further examination of evidence conducted not later than the closing of the appellate trial, maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance trial as they are, except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance trial, the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness is different from the appellate court's judgment is not arbitrarily followed (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). 2) The lower court directly reverse the victim CN and witness EA.