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(영문) 울산지방법원 2014.09.19 2014고정655

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants are not guilty.

Reasons

1. Defendant A is the director of F Co., Ltd. F who operates a restaurant in E Co., Ltd. located in Ulsan-gun, Ulsan-gun, and Defendant B is the dietitian of the above company.

At around 15:30 on July 3, 2013, the Defendants: (a) committed violence, such as taking the victim’s arms so that the victim’s G (at the age of 57) may not return out of the victim’s industrial accident application documents; (b) Defendant A got out of the cafeteria floor to the cafeteria; and (c) Defendant B used the victim’s arms so that the victim may not resist the resistance.

As a result, the Defendants jointly put the victim into a 21-day hospital for 21-day crypitis, dyspology, and dypology.

2. Determination

A. The summary of the Defendants and the defense counsel’s assertion: (a) Defendant A prepared a self-written statement about the circumstances of the occurrence of an accident on the part of the victim, on the ground that the victim was injured while working in F Co., Ltd.; and (b) the victim prepared a self-written statement to Defendant A; and (c) the victim did not comply with the request even though the victim had affixed the official seal of the company on the industrial accident application documents; (d) the victim did not comply with the request; and (e) the victim again carried tear with the written self-written statement and

Accordingly, Defendant A thought that there is a risk of respiratory difficulties, etc. to the victim, and there is only a breath to the victim's breath in order to deduct him from the breath in the victim's entrance, and did not go beyond the victim or breath. Defendant B requested to assist himself in the office of the labor-management council on the second floor of the building after the victim was written in accordance with the direction of Defendant A, but did not exercise violence, such as breathing the breath of the victim.

B. The judgment is based on the evidence duly adopted and examined by this Court.