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(영문) 부산지방법원 2019.01.10 2018고단4012
상해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant who ordinarily employs 450 workers and operates a social welfare business is the employer who acts on behalf of the employer in relation to the matters relating to workers as the rehabilitation support office of the D General Welfare Center C, a social welfare foundation located in the Busan Dong-gu, Busan.

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

Nevertheless, on June 15, 2018, the Defendant: (a) around 09:30 on the front side of the Busan Central Welfare Center E, and (b) on the ground that the Victim F (39 years of age) who is a bus driver of the D General Welfare Center refused bus operation in relation to the exercise of the D General Welfare Center’s day care for the disabled facilities, brought an objection to G of the said Welfare Center on the part of the victim himself/herself; and (c) caused the injury of the fluoral blue base, which requires approximately two weeks of treatment to the victim by hand, while he/she prevented him/herself from participating in the dispute with G of the said Welfare Center on the ground that he/she refused to operate the bus operation.

Accordingly, the defendant inflicted bodily injury on the victim who is an employee and assaulted the victim at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to F and H;

1. Investigation report (I telephone conversations);

1. Police seizure records;

1. The defendant and his defense counsel asserts that the defendant and his defense counsel's assertion of the injury diagnosis certificate, the photographic photo of the damaged part is as follows.

First, there is no fact that the defendant was less than the victim's timber.

Next, the defendant's principal crime was committed in the course of attempting to fighting and constitutes a justifiable act that does not violate the social rules.

In light of the above evidence, the above-mentioned evidence can be sufficiently recognized, and the above-mentioned argument is not accepted on a different premise.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the crime (the point of injury) and Article 107 of the Labor Standards Act.

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