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(영문) 서울서부지방법원 2018.02.01 2017고정917
상해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who acts on behalf of an employer in relation to matters relating to workers as the standing auditors of the E agency.

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

Nevertheless, on October 3, 2016, the Defendant used the victim's shoulder by hand on the ground that the victim's attitude to explain the details of the head of the Tong is bad, and assaulted the victim's head in the E general affairs office located in Mapo-gu Seoul, Seoul, to the victim G (the 43 years of age) who is a person working in the general affairs division and work in the general affairs division.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Statement made by each prosecution with respect to G and H;

1. Application of the articles of incorporation, E audit regulations, enforcement rules of E audit, and statutes on personnel regulations of E;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 107 and 8 of the Act on the Standards for Optional Labor (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On October 3, 2016, the Defendant, at the E general office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government E general office, asked the victim to explain the details of passbook spending at a general manager and his/her employee, and put the victim at a double spam which requires approximately two weeks of treatment on the ground that the victim’s shoulder is bad for the victim to explain the details of passbook spending.

2. Determination

(a)an injury in the crime of injury means impairing the completeness of the body of the victim or impairing physiological functions;

In a case where there is extremely minor circumstance accompanied by a assault, and there is no assault, it is an ordinary situation or inconvenience that may occur in daily life even if there is no assault, and where there is no need for treatment, it is naturally cured and there is no hindrance in daily life, it cannot be said that the crime of injury is injured.

And the completeness of the victim's body.

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