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(영문) 울산지방법원 2017.04.27 2016고정1400
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the leader of the C Group of the Ulsan Port Trade Union.

The Defendant was placed at the place to share the right to supply labor in the Ulsan Port, which was monopolyed by the Ulsan Port Trade Union, due to the Defendant’s establishment of the U.S. Port after the victim D’s withdrawal from the U.S. Port, and the Defendant had been able to interfere with the duties of the third secretary of the U.S. operated by the victim.

On February 4, 2016, from around 09:54 to around 10:30 of the same day, the Defendant: (a) occupied five members of the FS Team, including G, etc. of the U.S. trade union C, to the third chief of the FS Team, who is managed by the injured party in Ulsan-gu E, Ulsan-gu; and (b) occupied the third deputy chief by parking six vehicles, such as H, at the inside and outside of the said third deputy chief.

In addition, it prevented customers who were entering the third Deputy Director by avoiding disturbance, such as raising the world-free discount, and preventing them from entering the third Deputy Director, thereby obstructing the victim's third Deputy Management for about 36 minutes by force.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Legal statement of the witness D;

1. Application of the attached Acts and subordinate statutes concerning interference with the duties of the Deputy Director General;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects his mistake, there is no record of criminal punishment for about 20 years, the victim does not want the punishment of the defendant, the time of the crime, age, sex and environment of the defendant, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the following factors.

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