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(영문) 대전지방법원 2017.07.20 2016고정1558

폭행

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the C Kindergarten Administration Office located in Daejeon Sung-gu B.

On June 10, 2016, the Defendant, at the above C kindergarten around 17:40 on June 10, 2016, had the victim D (W, 21 years of age) who completed the practice course prepare a written consolation to the victim on the ground that he did not have a fluorant relationship with the victim at the end of the practice, but refused this, the Defendant left the victim's left arms in front of the victim and in the stairs.

In addition, the Defendant stated in the indictment in the above kindergarten underground on the ground that the damaged person was close down the right box of the above kindergarten underground, but according to the witness D’s legal statement and D’s statement, it is obvious that the place where the Defendant performed the above act is under C kindergarten, and thus, it is recognized as such.

In both hands, the shoulder of the victim was pusheded five times, and the chest of the victim was pushed down two times by the elbow.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the witness D’s legal statement is that the defendant left the witness from the stairs while the witness was getting off from the second floor room.

After the second witness was landed underground, the defendant was tightly blue with the shoulder of the witness, and the whole purport of the statement was specific, consistent with the purpose of the statement to an investigative agency, and credibility is made in line with the damaged photograph.

1. Application of Acts and subordinate statutes to photograph the victim's own DNA damage;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;