특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. As to the misunderstanding of facts and misapprehension of legal principles regarding the violation of the Punishment of Violences, etc. Act (joint withdrawal), the Defendant was waiting for an interview with the victim, who is the head of the headquarters of the Korea Workers' Compensation and Welfare Service, according to the occupational practice. Therefore, there was no intention to refuse to leave, and there was no legitimate demand for eviction, and there was no violation of social rules as a trade union activity. 2) As to the damage of property in remote and remote areas.
3) With respect to the special injury, the Defendant merely applies to the victim’s bridge during the process of unloading the flower portion from the employees belonging to the Korea Workers’ Compensation and Welfare Service’s O branch and the victim’s wife who was unable to anticipate the strike during the process of getting off the floor. Moreover, there was no intention for a special injury, and the victim’s wife’s wife does not reach the degree of an injury for a special injury. Furthermore, the lower court’s imprisonment with labor (10 months) is too unreasonable. 2. Prior to the judgment on the grounds for ex officio appeal, prior to the judgment on the grounds for the ex officio appeal, the prosecutor applied for changes to the part of Paragraph 2 (1) of the facts charged in this case and Paragraph 2 (2) of the facts charged in this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s “one” and “one on the present situation” as it was changed by this court’s permission.
However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
3. Judgment on misconception of facts and misapprehension of legal principles
A. The lower court’s judgment held that the eviction of the instant case
All charges of this case were found guilty on the grounds of the circumstances of the Gu, the field situation at the time of violence by the defendant, the degree of damage to goods, and the degree of injury.
(b) Determination of the immediate deliberation 1.