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(영문) 대전지방법원 서산지원 2015.01.30 2014고단430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, a former person D in metal labor-management Haak-nam Branch, followed 90 labor union members, and was engaged in the negotiations of ambari7, July 29, 2013, when entering the ambari7, 2013, and demanded the withdrawal of the dismissal of labor union members, etc. from the access road to the Korean Marina Center in the said modern steel-related factory, and proceeded with two tents and four banners on the road.

Accordingly, the employees of the Hyundai Steel Co., Ltd. requested the members to remove and dissolve a tent and banner from the crew, and they replaced with the members of the Trade Union. However, around 23:00 on July 29, 2013, the Defendant saw the victim F (33 years of age) who is an employee of the Hyundai Steel E Co., Ltd. in both arms with the members of the Trade Union around 23:0, and kiddd the victim's body by leaving the victim's lusium as well as the victim's lusium (33 years of age) who is an employee of the Hyundai Steel E Co., Ltd. in both arms, and kidd the victim's body by leaving the victim's body from the rear of the defect that occurred on the floor, and kidddd

As a result, the defendant, in collaboration with a member of the Trade Union and Labor Relations Adjustment Board, suffered an injury, such as a cage cage cages that require approximately four weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol of partial police interrogation of G, H, and I;

1. A written diagnosis of injury;

1. Application of an investigation report (to be attached to on-site files files and USBs) and the Acts and subordinate statutes attached thereto;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. and Selection of Punishment of Specific Crimes, Articles 2 (1) and 257 (1) of the same Act and the selection of imprisonment;

1. Determination as to the defendant's assertion of Article 62 (1) of the Criminal Act (hereinafter "the following grounds for sentencing")

1. The summary of the Defendant’s assertion is that, at the time, the staff members of the Hyundai Steel Industry Cooperative Co., Ltd., including the Defendant, walk up the banner as part of legitimate industrial action or union activities.

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