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(영문) 전주지방법원 군산지원 2017.10.18 2017고단572

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “D” educational institute in Gunsan City C.

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

Nevertheless, the Defendant, at around 17:00 on April 9, 2017, had not brought about teaching materials by the victim E (15 years) who is the student of a private teaching institute, and caused the victim to move out to a right angle.

In light of the fact that the victim did not properly perform this, the victim made the head to the floor of about 5 minutes, cut down the head to the scam, and caused the victim's scam, which is a dangerous object, to take six times the scambucks of the victim, and caused the victim to scam the right-hand box in need of treatment for about 2 weeks.

As a result, the defendant carried dangerous things and inflicted an injury on the victim at the same time, and at the same time, committed physical abuse that may injure the child's body or injure the physical health and development.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury and photographs of the upper part;

1. Articles 258-2 (1) and 257 (1) (a special injury) of the Criminal Act related to the facts constituting an offense; Articles 71 (1) 2 and 17 subparagraph 3 (a point of a child school representative) of the Child Welfare Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the Defendant’s assertion under Article 62-2 of the Criminal Act, Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. The defendant and his defense counsel of this case do not constitute "hazardous articles" with gals of aluminium materials of this case.

The argument is asserted.

2. Determination

A. “Dangerous articles” of the relevant legal doctrine includes all articles that can be widely used to harm human life and body even if they are not deadly weapons.