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(영문) 광주지방법원 2015.04.14 2014노1390

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles by the Defendant merely pushed the victim's body with a strong body and pushed the part below the victim's body, and did not assault the victim's neck, and the victim's neck constitutes a justifiable act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant was found to have sold the part of the victim's blue with his blue blue with the victim's blue with his blue blue at the left part. Even if the victim's blue part was sealed as alleged by the defendant, the above act constitutes a assault. (2) The "act that does not violate social rules" under Article 20 of the Criminal Act refers to an act that can be acceptable in light of the overall legal order or the social ethics or social norms surrounding it, and therefore, a certain act satisfies the requirements such as the motive or justification of the act, the reasonableness of the means or method of the act, the balance between the protection interest and the legal interests of the victim, the urgency, and the supplementary nature that there is no other means or method other than the act.

That is, the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below (Supreme Court Decision 2013Do6761 Decided January 16, 2014), i.e., the victim did not exercise any tangible power against the defendant, ii) the defendant's assault was conducted in the E company office, i.e., the defendant is the employer, iii) the victim is the employer, i.e., the victim is the victim, and 5 persons including the victim who brought a lawsuit claiming ordinary wage, demanding that the victim be notified of the fact on the company bulletin board, and the defendant expressed his desire to the victim.