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(영문) 수원지방법원 평택지원 2013.06.13 2013고단295
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 14:50 on October 29, 2012, the Defendant, as the chairperson of C, filed a complaint against the victim E, the president of C office located in Ansan-si, with the intent of “Cps, Section 2, why is why they would be intending, or why there is evidence supporting the establishment of labor union and having been aware of the fact that the company had evaded tax, which is an illegal labor act and tax evasion.” The Defendant, as the chairperson of C’s 1 trade union, made a sound that “I will continue to assist, will not die, and will throw away,” and as a dangerous object, threatened the victim with dangerous things by engaging in the same behavior that would inflict harm to the victim, such as breaking the table and the floor located in the above camping-si network.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Application of the Act and subordinate statutes on the closure of each fieldCCTV;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Act on the Suspension of Execution, the Defendant and the defense counsel entered the office of E with a camping net. However, it is merely intended to ask whether the Defendant was involved in the fact that the Defendant was injured by the above camping net from other causes of labor unions before the instant case, and there was no abusive or intimidation as stated in the facts charged. Thus, according to the above evidence, the Defendant demanded to contact E immediately before the instant occurrence and enter the office as to whether the Defendant was involved in the establishment of Article 20, and thereafter, the Defendant cited a camping net to the office of E in the middle of the instant case, and made intimidation as described in the facts charged.

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