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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the Prosecutor of the misunderstanding of facts and legal principles, although the Defendants could sufficiently recognize that they interfere with the transportation business of the shipping company by force by refusing collective transportation as set forth in the following 2-A(1), the lower court acquitted the Defendants on this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
B. The sentence of the lower court’s improper sentencing is too uneasible.
2. Determination
A. 1) The summary of this part of the facts charged is that Defendant A is the head of the headquarters of the I branch of the Korea Democratic Trade Union under the Korea Democratic Trade Union Federation (hereinafter “Private Union Federation”). Defendant B is the head of the public relations department of the above J branch; Defendant D is the head of the Civil Union I regional headquarters; Defendant C is the head of the two bureau of the Civil Union I regional headquarters; Defendant C is the head of the two bureau of the Civil Union I regional headquarters; Defendant A is the members of the Korea Cargo Association, including the J branch.
K Co., Ltd. has entered into a transport contract with L Co., Ltd. and transported vehicles produced in I, and L Co., Ltd. has entered into a transport contract with four companies such as M, N,O and P (hereinafter “transport companies of this case”) and let the said four companies transport the vehicles. The members of the Department of Cargo I branch of the Cargo I branch transport the vehicles produced in the said four companies to the whole country.
On March 26, 2016, the Defendants were gathered with members, including the I Branch Q, to refuse collective transport in order to accomplish the assertion against the 6.5% reduction of transportation charges on the grounds of the reduction of the value of the current category.
Accordingly, the Defendants, on the ground that at the KI factory (hereinafter “instant factory”) located in R from March 28, 2016 to March 30, 2016, K and L companies intend to reduce transportation charges by 6.5%.