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(영문) 대전지방법원 2014.01.08 2013고단687

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the president of the G branch of the FF Trade Union Daejeon Branch, and Defendant B is the member of the H branch of the FF Trade Union Daejeon Branch.

On June 25, 2012, at around 13:00, the Defendants participated in the joint strike determined by the World Trade Union Daejeon Branch, which belongs to the Defendants, and reported a meeting to the Daejeon Daejeon Police Station and requested the victims to participate in the strike by finding out that the victims I (the age of 48) operate the J Trrrrler without participating in the strike and stopping the said vehicle with other trade union members.

그러나 피해자가 이를 거절하자 피고인 A는 성명불상의 노동조합원들과 함께 피해자의 멱살과 다리를 잡고 도로 바닥으로 피해자를 끌어내렸고, 이어 성명불상 노동조합원 4~5명은 바닥에 넘어져 있는 피해자의 전신을 발로 수차례 걷어찼다.

그 후 출동한 경찰관이 노동조합원들을 제지하면서 피해자를 경찰차로 데려갈 때, 피고인들은 피해자의 다리 등을 수회 걷어찼고, 피고인 B은 피해자가 경찰차에 탄 후 주먹으로 경찰차 유리창을 수회 때렸다.

In this way, the Defendants jointly with four to five members of the non-name cooperative, thereby leading the victim to the right-hand edge of the 123th century, which requires treatment for about five weeks, and conspired with the participants in the assembly to disturb the order by assault, etc.

Summary of Evidence

1. Legal statement of a witness I;

1. Some statements in the suspect examination protocol of Defendant A by the prosecution;

1. Statement to the prosecution of I;

1. Each police statement made to I;

1. A report on an outdoor assembly;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime and Article 257 (1) of the Criminal Act (the point of each joint injury) of the same Act;