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(영문) 대구지방법원 2016.08.11 2015노3448
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of the facts or misapprehension of the legal principles have organized the assembly and opened an interview with the J Office, but did not have any answer within the office, and did not arrange an interview with the police while there was no person in the police.

The other party to the interview outside of the Hashen Office was forced to hold an interview, and there was no intention to detain the victims.

Therefore, the crime of confinement cannot be established because there is no act of confinement by the Defendants, or there is no relation with the other person between the Defendants’ physical activities and the freedom of their physical activities.

2) The sentence sentenced by the lower court to be unfairly sentenced (2 years of suspended sentence in October, and 1 year of suspended sentence in June) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Defendant A is the chief of a democratic union metal labor union E, and Defendant B is the chief of F-dong subdivision.

The members of the democratic labor union, including the Defendants, committed suicide by the employees of the Samsung Electronic Service Center due to unfair labor exploitation, etc., which is a partner of the Samsung Electronic Services, the members of the democratic labor union, including the Defendants, have continued to hold a meeting at the level of resistance to Samsung Electronic.

A. On May 20, 2014, the Defendants were in violation of the Punishment of Violences, etc. Act (joint confinement) at around 13:00 on May 20, 2014, in India prior to the building (the first floor, the first floor, the H, and the second floor) located in Daegu Northern-gu, Daegu-gu, Seoul-gu, and held an assembly with the content of “T&T TRA” in which approximately 50-60 members participated, and took part in the assembly with the content of “T&TA” while holding an assembly with the content of “T&TA” and taking part in the assembly with the content of 50-60 members, and held an assembly with the outside of the rescue. Around 14:10 on the same day, the Defendants demanded an interview with the K at the second floor J office.

Defendants continue to engage in labor with members of the above office in a large sound and sound manner before the above office.

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