Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a production worker working in the E-stock company located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who works as a production worker for the above company's metal labor union worker.
On July 3, 2016, the Defendant: (a) sought to enter the workplace where night work is being conducted with 10 persons of metal labor union workers around the pressure-out process in the above plant; and (b) made 15 on-site managers, such as the Victim F (45 years old), such as the victim F (hereinafter referred to as the victim’s F) set a line to restrain the front of Defendant’s daily work; (c) opened the victim’s front side of the workplace beyond the victim, such as tightly pushing the back of the victim’s back and pushed the her back into the inner part of the back; and (d) opened the victim’s back the workplace with her back of the back and the left part of the back part of the vessel; and (d) caused the victim to suffer from approximately 4 weeks of injury, such as the injury to the front part of the opening, the force, and the injury to the front part of the vessel; and (d) caused the victim’s tension and the tension of the need for treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. A written diagnosis of injury;
1. Application of the Acts and subordinate statutes governing the video data provided in the case;
1. Relevant Article of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The assertion;
A. The Defendant had no intention to commit assault since it was intentionally committed in a situation where the company managers, such as trade union people and F, are able to see with each other, and the company managers, such as F, etc., came to go beyond being pushed by G, etc., and it was not sealed by F, etc.
B. The Defendant made on-site circulars as part of the legitimate labor union activities, and preventing F from doing so constitutes unfair labor practices.
Therefore, the illegality of the defendant's physical fighting with F and others or his body fighting or the act of a political party is excluded.
2...