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(영문) 부산지방법원 2018.07.25 2017고정1944
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

The defendant is the head of the branch office of the Democratic Labor Union E in P, P, P, P, P, P, P, Busan.

On April 14, 2016, the Defendant, along with union members such as F, etc., of the president of the above Trade Union, established a branch office for the Plaintiff’s member I (Death on April 13, 2016) in the Guro-gu Busan High-gu G, and proceeded with the agricultural nature demanding “the industrial accident treatment, bereaved family compensation, and demand for the prevention of recurrence” at that place.

On the other hand, the victim H requested voluntary removal of the above farming growth and decentralization, bannerd articles installed on the wall, etc. on the ground of infringement of the right to manage the office building facilities through several times in the above trade union. However, on April 18, 2016, the above trade union was removed around 17:00 and moved to the trade union office located in Busan D.

On May 31, 2017, the Defendant planned to re-establish the removed branches and agricultural growth house at the same place as the F (the indictment of the former trial at the Busan District Court on May 31, 2017), the head of the vehicle branch, J of the service branch, K, the chief vice-chairperson L, the head of the general affairs branch M, etc., and occupied part of the road by installing a branch office and agricultural growth unit through H’s aftermath, around April 18, 2016.

Accordingly, the Defendant intruded the H principal hall managed by the injured party jointly with F, J, K, L, M, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police and the prosecutor with respect to the N orO;

1. Application of Acts and subordinate statutes of the investigative report (the list Nos. 5, 17)

1. Article 2 (2) 1 of the relevant Act and Article 319 (1) of the Criminal Act concerning facts constituting an offense, and Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse, KRW 100,000 per day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (which means that there are circumstances that may be considered in the course of committing the crime, and that the exercise of physical power is not done during the course of committing the crime, and is based on the history.

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