A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an employer who takes charge of duties and acts for a business owner on behalf of his superior with respect to the work of the victim D (39 years old) as the principal of the victim C Co., Ltd. for food processing and subsidiary materials sales business located in Busan Y-gu.

An employer shall not assault a worker for the occurrence of accidents or for any other reason.

그런 데도 피고인은 2015. 9. 5. 05:40 경 위 사업장의 물류센터 마당에서, 전날 하급직원인 피해자에게 업무로 전화를 여러 차례 하였으나 받지 않았다는 이유로 화가 나 주먹으로 피해자의 얼굴을 수회 때리고, 무릎으로 낭 심을 2회 찼다.

As a result, the Defendant, as an employer, abused a worker, and at the same time, inflicted an injury on the victim, such as inside and outside 35 days in need of medical treatment, rupture, and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A medical certificate for each injury and a medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 257(1) of the Criminal Act relevant to the crime, Articles 107 and 8 of the Labor Standards Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (i.e., reflectivity, the fact that there is no particular criminal history for the last ten years, and that the extent in the civil lawsuit instituted by the victim against the defendant is likely to be restored from damage);

1. The community service order under Article 62-2 of the Criminal Act;