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(영문) 춘천지방법원 강릉지원 2016.02.18 2015고단1286

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Fact-finding] The Defendant was the employee of the Trade Union C branch of the Korean Democratic Trade Union Gangwon-dong District Trade Union (hereinafter “C”) and the former partner of C Co., Ltd. (hereinafter “C”).

C On November 25, 2004, upon the establishment of E Co., Ltd. (the representative F) a subsidiary, the H’s gathering right was the extracting right at H’s seat in G. The said E Co., Ltd. entered into a contract with D Co., Ltd. for the extraction of tin.

On February 13, 2015, E Co., Ltd. notified D Co., Ltd. that it will terminate tin extraction contract as of February 28, 2015 due to the aggravation of management of C, etc., and D Co., Ltd sent a written notice that it will dismiss 101 workers, including the Defendant, as of February 17, 2015.

Since March 1, 2015, the dismissed workers of D Co., Ltd, including the Defendant, asserted the disguised contract, direct employment, etc. of C, the original office company, and continuously held a meeting using banners, diskettes, and broadcasting vehicles at the front and front of the third viewing line in G from March 1, 2015.

around 08:00 on March 24, 2015, the dismissed workers of D Co., Ltd., including the Defendant, held a meeting claiming the disguised contract and direct employment at H, thereby preventing the entrance of the entrance road, blocking C’s access to the transit bus, and the Defendant attempted to restrain the dismissed workers at the site of the meeting.

C The following injuries were inflicted on employees.

[2] On March 24, 2015, the Defendant is in collaboration with I, J, and K, and on the road of the above H entrance around 08:10 on March 24, 2015, J wears the flaps of the victim L (48 tax) who is a C employee by hand, and I sets the victim’s head head on the part of his/her right side side and flab in his/her arms, and J and I jointly attracts the victim by one to two meters, respectively, and K and the Defendant put the victim’s body on both hand from the left side and right side of the victim.