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집행유예
(영문) 수원지방법원 2011.2.16.선고 2010고단4639 판결
폭력행위등처벌에관한법률위반(공동재물손괴등)
Cases

Violation of the Punishment of Violences, etc. Act (Destruction of and damage to common property)

Defendant

1. Dominl (72 years old, souther) and company members;

Table : Equisimilia

Nabju City of Original domicile

2. The largest △△△△ (74 years old, souther), and the Company Board;

Residentialization City

Reference domicile Incheon

3. Kim* (76 years old, South) * Company members

Residentialization City

Gangseo-si in the original registration place

Prosecutor

Freeboard

Imposition of Judgment

February 16, 201

Text

Defendant 1 and Defendant 1 were punished by imprisonment with prison labor for 6 months and by imprisonment with prison labor for 4 months.

However, the execution of each of the above punishment against the defendants shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Criminal facts

Defendant 1 was sentenced to a suspended sentence of one year in May, 201, and the judgment on November 15, 2010 became final and conclusive on the grounds that Defendant 1 was sentenced to a suspended sentence of one year due to the crime of interference with business, the crime of damage to property, and the crime of intrusion on a structure at Suwon District Court.

Defendant 1 is the chief of the organization office of the Sungsung branch of the metal labor union 20 vehicles branch, the chief of the △△△△ branch of the above labor union 2 head of the above labor union, the defendant Kim * the chief of the assembly co-ordination branch of the above labor union.

On July 2, 2010, June 30, 2010, the Defendants held the first round of the sub-chapter 1 meetings at the Manuri-ri Automobile Factory in the Mancheon-si, and decided on July 2, 2010 to open an extended inter-regional tour conference in accordance with the association activities.

On July 2, 2010 11:48, the Defendants asserted that, in collaboration with Kim Sung-si, the company unilaterally participate in the negotiation of the 2010 forest conference in front of the main office of the 2010-gu Pacific-Eup automatic chemicalization plant, the company's side of the company unilaterally participates in the domination. Defendant Ho-gu, who continues to say, "I am at the meeting of the union members present at the meeting by using microphones," and "I am at the beginning, I am at approximately 00,000 won, so I am at the top of 50,000,000 won," and "I am at the top of 0,000,000,000 won, which was prepared by the △△△△△△, was the victim's strike at the floor of the company's main building, and "I am at the top of 0,000,000,000 won."

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against Defendants and Kim 00

1. The prosecutor's protocol of statement against Kim U.S.

1. Written estimate (construction works to improve the environment of access roads to the main section);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 2(1)1 of the Criminal Act

Article 366 (Selection of Imprisonment in Consideration of Method of Crime and Degree of Damage, etc.)

1. Handling concurrent crimes (Defendant Dolsan);

The latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act

1. Suspension of execution (the Defendants)

Article 62 (1) of the Criminal Code (the confession and reflect of the defendants, and the action on the side of the company)

such consideration as is the first place)

Judges

Judges Kim Jong-hee

Site of separate sheet

nan

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