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(영문) 수원지방법원 2018.06.18 2017노9352
사문서위조등
Text

All the judgment below is reversed.

Defendants are not guilty. The summary of the above acquittal judgment is publicly announced.

Reasons

1. The president of the G Labor Association who has been the president of the grounds for appeal;

Ha et al., the dissenting opinion of the division of G union, including H, withdrawn from G union, and the Defendants elected Defendant A as the president and performed an act indicated in the facts charged of this case on the premise that H et al. left the union as above on the premise that H et al. left the union. As such, the Defendants’ act did not constitute a crime or did not recognize the criminal intent.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) Defendant A was the president of the Korea Coast Guard Association of the Korea Coast Guard (hereinafter “G Nowon”) in around 2014; (b) Defendant B was the clerk of the said union; and (c) Defendant C was the clerk of the said union; and (d) Defendant C was the former clerk of the first special meeting of the G Nowon on June 9, 2014, when H was employed as the president of the said union around that time; (b) Defendant A was established at the first special meeting of the 47th special meeting on June 9, 2014, but the resolution was passed by the consent of two-thirds or more of the members; (c) Defendant A was not legally divided; (d) Defendant A maintained its identity; and (e) H maintained the status of the president of the

Nevertheless, on September 201, 2014, Defendants were dissatisfied with H’s labor union division, and excluded H, the president of the labor union, and Defendant A convened a labor union and a plenary council without authority, and Defendant A was dismissed from H’s office and Defendant A was elected as the president of the labor union in the presence of some members opposing the president without authority.

1) Accordingly, on September 29, 2014, the Defendants forged a copy of a special meeting (a) : (i) as seen above, H maintains the legal status of the president of the Labor Union conference; (ii) convened a labor union and a staff meeting without authority despite the fact that only the president had the right to convene a labor union and a staff meeting; (iii) dismissed the Defendants from office, who are only the president of the labor union, during the attendance of the Defendants; and (iv) on January 20, 2015, at the first J restaurant located in Suwon-si, the Defendants elected the Defendant A from the 48th temporary labor union convened by the Defendants at his own discretion without authority.

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