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(영문) 광주지방법원 2013.05.15 2012노2110

폭력행위등처벌에관한법률위반(공동상해)등

Text

1. Defendant E, G, and Q shall reverse the conviction part of the lower judgment.

Defendants shall be punished by imprisonment for two years.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) c, AD, AE, H, I, AF, J, AF, Q, K (criminal facts constituting a crime of Article 2010 senior group 4706) ① The act that a victim AM corporation (hereinafter “victim AM”) intended to engage in public relations activities by mobilization of 80 employees at its head office constitutes “the act of controlling or participating in the operation of a trade union” prohibited under Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act, and thus does not constitute an act subject to protection of the crime of interference with business.

② The Defendants’ act is justified by self-defense or legitimate act.

B) Defendant A, C, D, B [the part concerning the violation of the Punishment of Violences, etc. Act (joint injury) of the Act on the Punishment of Violences, Etc. in 2010 and 4706 criminal facts] ① Defendant C did not have any fact at the time of the victim BW, or did not have intention to inflict any injury. ② The other Defendants did not have conspired with the Defendant C) Defendant E, F, K, K, G, L, L, J, J, N,O, H, AE, AE, AC, AD (2010 and 4706 criminal facts) and Defendant Qu, R, W, W, W, S, X, Z, D, and T (2010 and 4706 criminal facts No. 8) have national metal trade union, and thus, Defendant C has no authority to request the closure of each of the above AM office, nor is the owner of each of the above AM office with the right to request the closure of each of the above AM office.

Therefore, the Defendants occupied the labor union office of this case does not interfere with the structure. D) Defendant B, R, T, W, Y, A [the part concerning the violation of the Punishment of Violences, etc. Act (joint injury) among the crime No. 2010-Ma4706, which constitutes the crime No. 12 of the Act on the Punishment of Violences, etc. (joint injury)] was involved only in Defendant R, and the other Defendants did not have conspired.

(2) Defendant Y, and AA shall fighting.