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(영문) 대구지방법원 2016.11.18 2016노810
노동조합및노동관계조정법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the prosecutor (two years of suspended sentence in October) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Although the judgment of the court below has favorable circumstances, such as the fact that the defendant led to the confession of the crime of this case and the health condition is not good, the crime of this case was committed in order to establish a new old labor union in the name of the defendant for the purpose of harming the existing old labor union, to control and revise the organization and operation of the old labor union, to employ workers on the condition of joining a new labor union, to which the crime of this case is not very good, and to maximize the profit of the defendant through the operation of the unpaid taxi and the increase of taxi commission, to which the crime of this case was committed in order to maximize the profit of the defendant through the operation of the new labor union, to which the crime of this case was committed, and to which the previous labor union was actually dissipatedd, to which the previous labor union was actually dissipatedd by the crime of this case was committed, and other unfavorable circumstances such as the defendant's age, character and behavior, environment, the motive and consequence leading up to the crime of this case, as well as the consequences and consequence thereof, the circumstances after the crime.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 90 and Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (the control and alteration of a trade union) regarding criminal facts, and Articles 90 and 81 of the Trade Union and Labor Relations Adjustment Act;

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