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(영문) 창원지방법원 2016.12.21 2016노1799
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the lower court on the Defendants (the 10th imprisonment, the 2 year of suspended sentence, the 8th imprisonment, and the 2 year of suspended sentence) is too unfasible.

2. Each of the instant crimes committed by the Defendants A and B, the head of the Gyeongnam Branch of the Democratic Labor Group JJ branch, demanded the increase of transportation charges, and Defendant B, the head of the Gyeongnam Branch, the head of the Gyeongnam Branch, was involved in the strike refusing to transport the volume of L while holding an assembly in the form of propaganda, thereby obstructing the transportation of cargo by the victims who do not participate in the strike by force with other accomplices. The assembly organizer, in collusion with the members of the JJ group in the name of the group, interfere with the order of the victims by violence, etc., and intrudes on the L Group, which is a structure managed by the victim L, which shows multiple power. During that process, the security guards, in collusion with the members of the JJ group in the name of the group, interfered with the repair of ships by force, and interfered with the building of the victim L by force without permission, and in light of the frequency and attitude of the crime, etc., the Defendants were subject to punishment against the Defendants due to the crime of violence.

However, the Defendants recognized the Defendants’ crime of late late late and against the mistake, the degree of injury suffered by the victim U is relatively minor, the Defendants paid KRW 1.5 million to the victim U in the name of medical treatment, and the said victim was not subject to punishment against the Defendants. In the case of the crime of interference with the transportation of freight, the Defendants did not appear to have the attitude of encouraging the Defendants to act as the participants in the assembly, and did not proceed to the exercise of active power, due to the Defendant’s Wack.

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