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(영문) 대전지방법원 논산지원 2016.12.20 2016고단397
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Although an employer in violation of the Labor Standards Act was unable to assault an employee for the occurrence of an accident or for any other reason, the Defendant, at around 09:05 on May 25, 2016, entered the separate collection site on the ground that the victim E (28 years of age) who was a person who was at the same workplace and at work at a middle school from the 'D' company located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, was not present in the part of the accident inquiry, after having taken the place as a separate collection site on the ground that he was not present in the part of the victim’s right hand room, and then was sleeped with the breath of the victim’s left hand, and sustained the victim by drinking the body for about 22 days.

2. A special intimidation: (a) the Defendant inflicted an injury on the victim at a time, at the same time, at a place, as mentioned in Paragraph (1) above; (b) threatened the victim with an empty beer’s disease, which is a dangerous thing that had been located therein, by putting together the empty beer; (c) continuously breaking the beer’s disease on the floor, and then breaking the beer’s face and neck, which is a dangerous thing, toward the victim’s face and neck; and (d) threatened the victim’s body or bodily injury.

In this respect, the defendant carried a shouldered sicker's disease with an empty sicker with a dangerous object and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. A copy of an injury diagnosis certificate, and each injury diagnosis certificate;

1. Deficial photo of an injury;

1. Application of Acts and subordinate statutes to investigation reports (F counterpart investigation of witnesses);

1. Article 257 (1) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Articles 107 and 8 of the Labor Standards Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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