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(영문) 수원지방법원 안양지원 2017.05.12 2016고정269
상해등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a regular director of the Saemaul Bank, and the victim E (26 years and women) is a person who works for the place.

1. On February 11, 2016, the Defendant pointed out that the Defendant was well aware of the Victim’s work at the D Saemaul Undong Cooperative located in Ansan-si F on February 11, 2016, and among the tree trees, the Defendant left the clothes for the computer room used for the escape’s practical purpose and followed by the Defendant.

"" and the 14th day after the shoulder of the female was pushed down, and a long-term arms was put on the elbow, etc. in need of treatment.

2. The Defendant was placed under confinement for about five minutes by not putting the damaged person out of the computer room, even though he had opened a four-time door to take out of the computer room. However, he did not turn off, such as breaking a shoulder, etc.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 276(1) of the Criminal Act (the point of confinement), and the choice of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The portion not guilty under Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The summary of this part of the facts charged is an employer who ordinarily employs 20 persons as the managing director of the D Saemaul Bank in Ansan-si, and exercises overall control over the affairs of personnel wages, etc. of the D Saemaul Bank. The victim E is an employee who works as the head of the above Saemaul Bank.

The Defendant assaulted the victim as a person who works by breaking the victim’s shoulder at the time, time, and place specified in paragraph 1 of the judgment.

2. We examine whether the Defendant is an employer.

Article 2 of the Labor Standards Act refers to a business owner, a person in charge of business management, or other workers.

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