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(영문) 춘천지방법원 강릉지원 2016.01.13 2015고단875

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A Imprisonment of 1 year and 6 months, Defendant C, D, E, F, G, I, and J respectively, with prison labor of 10 months, 6 months.

Reasons

Punishment of the crime

[Fact-finding] Defendant A was the chairperson of the Korean Democratic Trade Union Co., Ltd. and the head of P branch office, Defendant C and D’s head of the site, Defendant C and D’s head of the dispute, Defendant J’s head of the dispute, Defendant B’s deputy head, Defendant F, H, G, I, K, and L were union members, and employees of Q&A Co., Ltd. before P.

P Co., Ltd. established R Co., Ltd. (Representative Director S) on November 25, 2004, and had the right to extract tin-to-art U in the tin mine in T, and the said R Co., Ltd. entered into a contract for Q Q Co., Ltd and tin mining.

On February 13, 2015 due to the aggravation of P's management, etc., R Co., Ltd notified Q Q Co. to the effect that Qu Co. will terminate Qu Co. on February 28, 2015. On February 17, 2015, Q Q Co. sent a written notification stating that Q Co. will dismiss 101 workers, including the Defendants, as of February 28, 2015.

After that, the Defendants asserted the disguised contract and direct employment of P, which is the prime contractor, and continuously held a meeting using banners, diskettes, and broadcasting vehicles in U, etc. in front of the P, P, and T.

[Criminal facts] 2015 Highest 875

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint injury) entered around July 16, 2015 with other union members around 07:50, and was prepared in advance by intrusion into the pertinent PB factory site ( we belonged to we).

The 9 banners, such as Swelved, were installed.

In order to remove the banner, 10 members, such as W of the P Service Support Team head, have been installed.

A. On July 16, 2015, Defendant A, F, and H want to remove the banner from the road inside the front door of the instant PB factory around 08:10 on July 16, 2015, on the ground that Defendant A, F, and H attempted to remove the banner from the road inside the front door of the instant PB factory, Defendant H is going to walk toward the victim, and the victim would get out of the train so as to avoid this.