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(영문) 청주지방법원 영동지원 2018.01.11 2017고정40

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a worker belonging to the Young-dong Factory Co., Ltd. C in Young-dong, Chungcheongnam-dong, Chungcheongnam-dong, and belongs to C Trade Union and Young-dong Branch, and the victim D(38 tax) is a worker belonging to the above factory and belongs to metal labor union C Dong Branch.

At around 10:00 on April 25, 2016, the Defendant, at the office of the above Youngdong branch, a majority of the members of the above Cdong branch, including the victim, entered the above office without the consent of the Defendant, and the injured person demanded Narara to leave the above office without the consent of the Defendant, and assaulted the victim by making the victim's face one time with the frame located in the office.

Summary of Evidence

1. Statement by the defendant in court;

1. The CD attached to the written complaint;

1. A CD attached to an investigation report (Evidence No. 8);

1. Application of the CD 1 statute

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

2. A fine of 300,000 won for which the sentence is suspended.

3. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day).

4. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence / [favorable circumstances] The crime of this case is an assault committed by the defendant in consideration of the face of the victim one time, and the nature of the crime is not weak.

The defendant was unable to receive a letter from the injured party.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The instant crime was committed on the grounds that there was an imminent conflict between the side of the C Union Young-dong branch to which the Defendant belongs and the side of the metal labor union Young-dong branch to which the victimized person belongs, and there were circumstances to consider the motive and circumstance of the instant crime.

There is no criminal history against the defendant.

In addition, the defendant's age and reputation, character and behavior, environment, health status, family relationship, and all the conditions of sentencing revealed in the trial process of this case, including the circumstances after the crime, shall be taken into consideration.