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(영문) 울산지방법원 2014.06.12 2014고단486
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the head of the Korea Trade Union E branch of the Korea Trade Union E branch of the Korea Trade Union (hereinafter referred to as the “C organization”).

Around 06:00 on October 3, 2013, C Group DD Workers’ Union E convened approximately 200 members of H in Nam-gu, Ulsan-gu, Ulsan-gu, for the purpose of “public relations for union membership, demand for improvement of work environment,” etc.

At around 06:35 of the same day, the Defendant, who belongs to the above trade union, and the victim I (the victim I (the victim of 56 years of age) who is non-member of the above trade union, reported to work at work and prevented the victim from working at work at around 08:00, but the victim refused to work at around 08:00.

Therefore, the person who is not aware of his name has turned back the back of the victim, and walked side knee with knenee two times, and the defendant was pushed down with the victim's bat and pushed down with his flaps, thereby damaging the victim.

Accordingly, the defendant jointly with the above person who suffered from the above person's name and caused the victim's injury to the character of the oral and oral surgery that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A written diagnosis of injury;

1. Evidentiary video photographs;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there is no ground for preventing members of a trade union from attending the work of the victim who is non-member of the trade union, such as the defendant, etc. for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the injury in this case was inflicted on the victim, while preventing the victim from attending the work prior to the work.

However, in consideration of the fact that the defendant agreed smoothly with the victim, the defendant has no criminal record, etc., he/she will choose a fine of considerable amount.

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