All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants asserted the misunderstanding of facts and misapprehension of legal principles by the Defendants merely exercised the minimum tangible power to prevent the Defendants from exercising their powers illegally against the judgment of the general meeting and the public notice of the labor union conference, and do not actively interfere with the victims.

Nevertheless, the lower court found the Defendants jointly and found the Defendants guilty of having committed a crime of harming the victims.

Therefore, the judgment of the court below is erroneous in the misunderstanding of facts, self-defense and legitimate act.

B. Although the Defendants, who argued unfair sentencing by the prosecutor, did not separate the errors and denied the facts charged, the sentencing of the lower court, which suspended the sentence (the suspended sentence: the amount of a fine of KRW 300,000,000) against the Defendants, is too uneasible and unfair.

2. Determination

A. In order to establish self-defense as stipulated in Article 21 of the Criminal Act regarding the grounds for appeal by the Defendants, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type and degree of legal interests infringed by the act of infringement, method of infringement, and the type and degree of legal interests to be infringed by the act of defense.

In addition, it is necessary to separately consider and determine whether a certain act is unlawful as a legitimate act that does not contravene the social norms. Thus, to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act.

As to this case, we examine this case.

According to the evidence duly adopted and examined by the court below.