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(영문) 대전지방법원 천안지원 2014.05.16 2013고단1892

경비업법위반등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a staff member of the Security Business Co., Ltd., and 300 security guards at the request of the D Companies Co., Ltd., and 30 or more security guards at the request of the D Companies Co., Ltd., Ltd., to perform security duties inside the F Company Factory of Asan-si from May 24, 2011.

1. Violations of the Punishment of Violences, etc. Act and the Security Services Industry Act shall be prohibited from performing acts deviating from the scope of security services, such as passing through force or exercising physical power against other persons while performing their duties;

Nevertheless, at around 16:00 on May 27, 201, the Defendant: (a) 20 or more members of the Agina District Association, who were convened outside the factory, enter the factory through the container stuff cresh installed outside the factory; (b) and (c) assaulted G, a security guard, by putting the clothes of members of the Aginal District Association (ma of a short sports head in which a sports spawn was done) with the unfolded name (mast in which a sports spawn was carried).

As a result, the defendant committed violence with G and committed acts beyond the scope of security service.

2. Any security guard who violates the Punishment of Violences, etc. Act and the Security Services Industry Act shall be prohibited from performing any act deviating from the scope of his/her security service, such as exerting any power or exerting any physical power against others in the course of performing his/her duties, and anyone shall be prohibited from having any security guard perform any act deviating from the scope of his/her security service;

피고인은 경비원 300여명과 함께 2011. 6. 22. 7:00경 위 F공장 정문 앞에서 아산지회 소속 조합원들과 대치를 하던 중 조합원들이 경비원들에게 쇠파이프를 휘두르며 정문 안으로 들어오려고 하자, 확성기를 이용하여 경비원들에게 “더 이상 밀리지 말고 막아라, 뒤로 빠지지 말고 막고, 물대포를 쏴라” 등으로...