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(영문) 대구지방법원 김천지원 2013.12.24 2011고단1158
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a member of the labor union belonging to the metal labor union D branch.

The Defendant shared with approximately 10 members of the labor union belonging to E, F, G, H, and metal labor union D, and obstructed the entry of 50 vehicles at work, such as interfering with the Defendant’s entry of 50 vehicles at work, such as interfering with the Defendant’s passage of the said vehicle at work, by blocking the employees who work in the said company from going through the road on the right and right side of the said union, from around 07:00 of January 14, 201 to around 08:30 of the same day, 100 on the front side of the said union D, Inc. D, Inc., which was located in I.D.

Accordingly, the Defendant interfered with the victim's work attendance support by force, jointly with approximately 100 workers belonging to E, F, G, H, and metal labor union D, and by force.

Summary of Evidence

1. Partial statement of the defendant (the third court date);

1. Statement of the police concerning L;

1. Confirmations of facts in each of the J, M, N,O, P, Q, R, M, WT, M, X, Y, Y, AAB, AC, AD, AE, AF, AH, and AI, AJ, AK, AL, AM, N, AM, AP, AP, AP, AP, AS, AS, ATS, AV, AW, AX, AY, BA, BB, BB, BD, BF, BG, BG, BG, BG, BJ, BL, BM, BM, BM, BM, and BN;

1. Application of Acts and subordinate statutes of the Act and subordinate statutes on January 14, 201;

1. Article 314 (1) and Article 310 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. As to the allegations by the Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The defendant and his defense counsel asserted that the defendant, along with the members of the Trade Union and Labor Relations Commission, set the door door before the access road to the (ju) Seo-Sagle as stated in the facts charged, and thus, the defendant and his defense counsel set up the door door door, but this is merely a case where legitimate assembly and demonstration causes some damage that can be accepted by social norms, and thus, illegality is excluded

2. The decision-making assembly or demonstration shall meet with a common view and take place in, or exert force on, public places.

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