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(영문) 울산지방법원 2016.02.16 2015고정1449
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the head of a department in charge of the Ulsan Branch of the Democratic Labor Union (hereinafter referred to as the " Democratic Plant Labor Union") of the Ulsan Branch of the National Plant Construction Workers' Union, and D is the member of the Democratic Plant Labor Union C Branch.

Democratic plant labor union from March 2014 to July 29, 2014, urged the construction of SK in front of the construction site of the construction site of SK Gas PDH plant in Ulsan-gu to improve wages and working conditions, and continuously hold an assembly in the form of work promotion before the members' attendance hours, and thereafter passed a resolution to work at 8:00 a.m.

At around 07:00 on April 21, 2015, the Defendant and D jointly obstructed the victim’s duty to work at work at the same time, with about 30 members of other union members and non-labor union members who work at around 8:00 a.m., in order to prevent them from entering the work site of other union members and non-labor union members who work at around 8:0 a.m., the victim F (E) who is a member of the Korean labor union working at work at the Republic of Korea (E). The Defendant used the victim’s arms, sealed the victim’s arms on the floor, sealed the victim’s fat, fatd the victim’s fat, fating the fat, and fating the victim’s fat, thereby hindering the victim’s duty to work at work at the same time by force.

Summary of Evidence

1. Legal statement of witness F;

1. The results of CD reproduction and viewing;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

1. Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act; Articles 314(1) and 30 of the Criminal Act concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is against the victim in order to deduct the victim from the victim's danger in a group.

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