logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.06.11 2016도3048
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The non-guilty part against the Defendants shall be reversed, and this part of the case shall be remanded to the Gwangju District Court.

Reasons

The grounds of appeal are examined.

1. The reasoning of the lower judgment and the evidence duly admitted by the lower court reveal the following.

Defendant

A is the president of the H Trade Union I branch of the H Union under the G organization (hereinafter referred to as the “J branch”), and Defendant B is the Deputy Director of Education and Publicity of the J branch, and Defendant C is the members of the J branch.

B. As collective bargaining between M, N, K, etc., which is a supplier of equipment located in the O, the H trade union started to work in a strike from March 20, 2014, following the procedure of mediation under the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

Accordingly, M workers who joined the J Branch have suspended the operation of Mutrons.

C. Around June 5, 2014, M, during the strike period, intended to provide a key machine to Qa factory in P.

A victim R, who is not an employee of M, (hereinafter referred to as "victim") was under the direction of M and was engaged in the operation of M in the above plant.

On June 5, 2014, around 15:30 on June 15, 2014, the Defendants discovered the victims who were in the process of operating the Ma flag in the above factory while meeting in front of the Q factory.

The Defendants entered the middle door of the above factory, and the victim, "We are in a fluent strike with difficult mind, and are engaged in substitute work to live well, and fluently, a fluent fluent fluent flus," and put a fluent flus of the victim.

E. Accordingly, the victim intending to escape from the factory to the factory, and the Defendants attempted to drive away from the victim.

In this process, the victim suffered injuries, such as the full escape of the first Daegu (Fugu) on the left-hand side of the upper world, which requires approximately four weeks medical treatment while going beyond the floor.

2. The first instance court and the prosecutor of the lower court’s judgment are due to the Defendants’ above acts in violation of the Punishment of Violences, etc. due to Joint Injury and the violation of the rules to be observed by the participants in the assembly.

arrow