(영문) 부산지방법원 동부지원 2008.9.22.선고 2008고단778 판결

A defendant shall be punished by imprisonment with prison labor for one year and six months. The nine days under confinement before the sentence is rendered shall be included in the above sentence.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 10:30 on June 21, 2008, the Defendant completed an assembly related to labor union strike of construction machinery in front of the construction site of the 2nd Do, Busan, Busan, and decided to interfere with the construction work defects and the above construction machinery labor union members without participating workers at the construction site of the Y industry in the construction site of the main complex building located in the Nam-dong, Nam-gu, Busan.

1. Violation of the Punishment of Violences, etc. Act;

On June 21, 2008, around the above construction site, around 11:30 on June 21, 2008, the Defendant: (a) 20 construction machinery labor union members, whose name cannot be known, threatened the workers in the above construction site with the threat that they would stop on the truck in the above construction site without participating in the strike of construction machinery labor union; (b) led the workers in the above construction site, leading them, leading them, leading them, etc.; and (c) the Defendant, who is the safety manager in the above construction site where the above labor union members control the above labor union members, fatd the fats of the victim V (ma, 38 years old), and fated the chest one time to drink, and (d) fated the fat road with his hand. Accordingly, the Defendant, by force, fatd the victim with approximately two weeks of medical treatment.

2. Interference with business;

The Defendant, at the same time and place as set forth in paragraph (1) of the above, inflicted an injury on V, and, without participating in the construction machinery labor union strike, took an desire to fire on the truck in the construction site, etc., interfered with the construction work of the said construction site for about 40 minutes. Accordingly, the Defendant, in collusion with approximately 20 construction machinery labor union members, and thereby interfered with the construction work of the said Section Y development by force.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

The point of group injury: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 314(1) and Article 30(1) of the Criminal Act

Imprisonment, respectively;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act.