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(영문) 대법원 2017.10.26 2015도16696
폭력행위등처벌에관한법률위반(공동강요)
Text

The judgment of the court below is reversed, and the case is remanded to Cheongju District Court.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

A. The Defendants are the members of the labor union belonging to the Democratic Nowon-do Construction Workers Association H branch of the Hapung Construction Machinery Association (hereinafter “H branch”); Defendant C is the head of the branch; Defendant B is the deputy head of the laws and regulations; Defendant A is the policy deputy head; and Defendant D is the vice head of the office.

Victim G is the site leader of the “K,” which is proceeding in the J Council located in Chungcheongbuk I, and the victim F was admitted to the H branch in 2012, and has withdrawn on February 2, 2014, and the victims were carrying the victim F’s equipment into the site of the victim F at the site of the victim G according to oral agreement.

B. On March 1, 2014, the Defendants heard the fact that the Defendants are operating equipment in another region from L, which is a ground for the early police officer, and the victim F, who was admitted to and withdrawn from his labor union, is working at the above K site where the victim F, is proceeding in I, and sought opinions to have the victims accept equipment at the construction site by inserting pressure, and instead, have the victims receive equipment at the construction site.

(c)

(1) Accordingly, on March 5, 2014, the Defendants found the victim G in Chungcheong M around 10:0 at the N site office in the limited partnership company N site where the victim G was located in the site site, and the Defendants found the above victims as “whether it is any place of democratic labor.”

F The equipment is not the equipment belonging to the Democratic Nowon General.

The head of the watchhouse equipment shall be deducted.

We see the test to continue to use, and if it continues to use it, it will be impossible to do construction.

A petition shall be placed in the ordering place (to Chungcheongbuk-do).

The term "the victim F is together," and the victim F is "any place in which the democratic labor force is located."

At the same time, equipment is cut off at the site, and Defendant A said, “The equipment is cut off by no later than Saturdays (as of March 8, 2014)” and the victims were frighted.

In addition, Defendant B is carrying out the defective construction work at the construction site at the end of March 2014.

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