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(영문) 서울중앙지방법원 2016.01.15 2015고합545
특수공무집행방해치상등
Text

1. Defendant D shall be punished by imprisonment with prison labor for a period of two years and six months, and by imprisonment with prison labor for a period of one year and six months.

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

1. Defendant D is the national metal trade union (hereinafter “metallic labor union”) H.

Defendant

B is the head of the I branch office of metal labor union.

Defendant

A is the chief of the branch of the J Authority under the metal labor union.

Defendant

C is a member of the branch office of the J under the metal labor union.

2. The sole crime committed by Defendant D [2015 Gohap 593]

A. The background of the instant case in violation of the Punishment of Violences, etc. Act (joint assault) and the Punishment of Violences, etc. Act (joint assault) No. 1) on July 17, 2013, the Defendant was engaged in a marking demonstration to interfere with the dismissed workers’ access to the office of labor union operation on March 25, 2013, with L Co., Ltd. (hereinafter “L”) located in K on the racing-si on July 17, 2013, including M, N,O, P, and Q, and L workers employed by the metal labor union branches, including M, P, and Q, and the head of the organization division of the metal labor union operation branch T, etc. in front of this Sub-Section.

However, it is a company trade union that the O does not belong to a superior organization such as metal labor union and is a separate trade union that has a hostile relation with the metal labor union and its branch R R.

During the process of the removal of V(48 tax) from the chairman, the body fighting between the dismissed workers of the metal labor union and the employees of the U.S. labor union was laid down.

2) The Defendant in violation of the Punishment of Violences, etc. Act (joint assault) threatened the victim V with drinking at the time and place specified in the preceding paragraph, as seen above, and threatened him with drinking at the victim V, and boomed the victim with p and Q, and blicked him with breath and flicked with clothes.

On the other hand, the defendant continued to have two dismissed workers whose name is unknown, and the body of the victim W(46 tax) on the part of the U.S. trade union was sealed, batd, batd, and was pushed down.

As a result, the Defendant committed violence to the victim V and W in collaboration with P, Q, etc.

(iii)..

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