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(영문) 대구지방법원 김천지원 2013.12.24 2011고단1087
폭력행위등처벌에관한법률위반(공동주거침입)
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative of metal labor union.

Defendant and D, E, F, G, H, I, J, K, and L began to engage in strike from June 9, 2010 with a view to achieving the elimination of wage payment restrictions for paid union full-time workers, and according to the decision of the Seoul Central District Court 2010Kahap2136, the union members participating in the strike were prohibited from unauthorized access to toilets, showers, company structures other than dormitories.

Around 08:15 on October 14, 2010, the Defendant and D, E, F, G, H, I, J, K, and L attended approximately 100 members of the Trade Union in front of N on October 14, 2010, and attended an assembly for a strike for a low-income area. G, which had a society, took part in the assembly and took part in the assembly, even though there are 10 members of the Trade Union, who participated in the assembly and took part in the assembly, as well as 100 members of the security guards belonging to the victim company, without permission, enter about about 1 km distance from the above company’s book to the management Dong within the company, from around 48 minutes to around 09:03 of the same day.

Accordingly, the defendant invadedd the victim's structures jointly with D, E, F, G, H, I, J, K, L.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Scenic photographs of the site;

1. The application of Acts and subordinate statutes to investigation reports (a decision on provisional disposition prohibiting interference with entry and exit);

1. Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 319 of the Criminal Act, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the status of the defendant as a union representative at the time of the sentencing of the defendant, and that the structure of this case was intruded on a large scale, and there is a little physical conflict with the security guards preventing

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