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집행유예
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(영문) 부산지방법원 2008. 5. 9. 선고 2008고단385,2008고단862(병합),2008고단981(병합) 판결
[업무방해·집회및시위에관한법률위반][미간행]
Escopics

Defendant 1 and three others

Prosecutor

Doctor’s degree

Defense Counsel

Attorney Lee Young-chul

Text

In October, Defendant 1’s imprisonment, and Defendant 2 (Defendant 1 of the Supreme Court and the second instance judgment) are punished by a fine of 5,00,000, and Defendant 3 (Defendant 2 of the Supreme Court and the second instance judgment), and Defendant 4 (Defendant 3 of the Supreme Court and the second instance judgment) by a fine of 1,00,000, respectively.

When Defendant 2, 3, and 4 did not pay the above fine, each of the above Defendants shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

However, with respect to Defendant 1, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Defendant 1 is a member of ○○ General Labor Relations Sub-chapter, and Defendant 4 is a director of the Busan Metropolitan Government Head Office of △○○○○ General Labor Relations Sub-chapter, Defendant 2 is a member of ○○○ General Labor Relations Sub-chapter, and Defendant 4.

1. Defendant 1

A. On July 21, 2007, from around 13:30 to 20:30, the Defendant occupied the entrance of the store and the parking lot at the Busan Shipping Daegu (hereinafter omitted). On July 21, 2007, the Defendant performed a fluoral movement with approximately 300 persons who were not aware of the name in the marine traffic substitute and the post door, which was operated by the victim Nonindicted Co. 1 Company, and carried out a fluoral movement with the outside of rescue.

Accordingly, the Defendant conspiredd with approximately 300 persons who could not know the name, and thereby interfered with the management of the above store by the victim Nonindicted Party 1 corporation by force.

In addition, as indicated in the attached list of crimes (1), the Defendant interfered with the management of the above store of the victim non-indicted 1 corporation by the same method eight times from around that time to August 29, 2007.

(b) No person may hold any outdoor assembly or demonstration after sunset, and where it is inevitable to hold any outdoor assembly, he/she shall obtain permission from the chief of the competent police station.

Nevertheless, on July 21, 2007, from around 19:36, to around 20:10, the Defendant organized a regular meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting

In addition, as indicated in the attached list of crimes (2), the Defendant organized an outdoor assembly after sunset without reporting the assembly by the same method over 12 times from around that time to September 20, 207.

2. Defendants’ co-principal conduct

On July 8, 2007, around 12:00, the Defendants participated in an assembly of “○○○ general labor union member and the elimination of the Non-regular Act” among 70 members of the ○○○○○○○○’s union member and approximately 70 members of ○○○○○○○’s union, which are located in the Busan Seo-gu, Busan (hereinafter referred to as “2 omitted) and operated by Nonindicted Co. 1 corporation.

At around 12:30 on the same day, Defendant 2 instigated participants to enter the ○○○○ store, and 70 participants in the assembly, including Defendant 1, entered the entrance door to the 1st floor room on the ground of the entrance, notwithstanding the control of police forces.

The Defendants and 70 members of the Defendants, who entered the 1st underground floor store, laid a gate containing the phrase “Suspension of placement conversion”, “non-regular anti-discrimination elimination”, and returned to the store with the head of the store, thereby creating reliefs.

Accordingly, the Defendants conspired with 70 members and interfered with the management of the above store by the victim non-indicted 1 corporation for about one hour.

3. Joint criminal conduct by Defendants 1 and 2

Any person who desires to hold an outdoor assembly or demonstration shall submit a report to the chief of the competent police station, and no outdoor assembly shall be held after sunset.

A. Nevertheless, from around 19:00 on July 23, 2007 to 21:00, the above Defendants, without filing a report, presented relief, such as “non-regular removal, bad capital, excluding the studio,” using a vehicle with a loudspeaker attached with 22 members of the 1st floor door in front of the entrance of the ○○○ ○○ ○○ Do road store operated by the victim non-indicted 1 corporation in Busan (hereinafter 3 omitted) from around 19:00 to around 21:0, by using the 1st floor of the parking lot, and by using the 22 members of the Busan Metropolitan Government Headquarters, the said Defendants interfered with the management of the 1st floor of the victim non-indicted 1 corporation by in collusion with the Defendants, and by using the 1st floor of the parking lot.”

B. In addition, from around 19:00 on July 25, 2007 to 20:00, the above Defendants conspired with 200 members of the Busan Headquarters at the location described in the above 3-Ga, and held an unreported outdoor assembly after sunset in the manner described in the above 3-Ga at the location described in the above 3-Gaa, and interfered with the business operation of the victim non-indicted 1 corporation by force, in collusion with 200 members belonging to the Busan Headquarters of △△ City.

4. Defendant 2

On July 24, 2007, from around 19:00 to 21:00, the Defendant, without filing a report, presented relief, such as “a non-regular removal of the non-regular workers,” using a vehicle with 200 members of the Busan Metropolitan Government Headquarters attached with a loudspeaker,” and used a vehicle with the 200 members of the Busan Metropolitan Government Headquarters, and carried out relief instead of using a ticket and a large-scale fluor card at the entrance of the first floor parking lot.

As a result, the Defendant organized an unreported assembly after sunset, and conspired with 200 members belonging to the Doe-Magsan Busan Headquarters in collusion, thereby obstructing the business operation of the victim non-indicted 1 corporation by force.

Summary of Evidence

1. Each prosecutor's interrogation protocol against the Defendants

1. Some police suspect interrogation protocol against Defendant 1

1. Each police statement on Nonindicted 3, 4, 5, and 6

1. A copy of the documentary evidence of the meeting held by the board of directors at issue, a copy of the report on outdoor assembly, a report on the status of each information, a photo of each site, a copy of the on-site report, an investigation report (information on the police status), and a sunset schedule

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1 and 2: Articles 314(1) and 30 of the Criminal Act; Articles 22(2), 6(1), 23 subparag. 1, and the main sentence of Article 10 of the Assembly and Demonstration Act

Defendant 3 and 4: Articles 314(1) and 30 of the Criminal Act

1. Selection of punishment;

With respect to each of the above crimes committed by Defendant 1, each of the imprisonment with prison labor and each of the above crimes committed by Defendant 2, 3, and 4 shall be selected as a fine.

1. Aggravation for concurrent crimes (defendants 1 and 2);

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Detention in a workhouse (Defendant 2, 3, 4);

Articles 70 and 69(2) of the Criminal Code

1. Suspension of execution (Defendant 1);

Article 62(1) of the Criminal Act

[Attachment]

Judges Go Jae-in

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