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(영문) 창원지방법원 마산지원 2016.02.17 2015고정625

폭행치상

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 2015, the Defendant, on the ground that he did not conduct the official book in Changwon-si, Masan-si, 503 Dong 1305, and the victim D (9) who is a son, was game, on the ground that he did not conduct this official book, “Ye, Madon, Hadon, Hadon, Madon”, sent the victim into the room, opened the door, opened the victim’s left side buck, left knick, left kne, knick, and knish, etc. of the victim with the face of 50cc in length).

Defendant 2 caused the above assault to be influor, but not limited to her turb, which requires approximately two weeks of treatment, and caused to be influort of a wide bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused prepared by the public prosecutor in the suspect examination protocol;

1. Statement protocol prepared by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of parts damaged by victim D) and a photograph of parts of the damage attached thereto;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. Since the defendant tried to admonish the victim from an educational point of view for the proper cultivation of sentiments of the victim, the defendant asserts that the crime of this case does not have the intention of assault against the defendant or constitutes a legitimate act.

However, in full view of the background leading up to the instant crime, the circumstances at the time of the instant crime, the means and methods of the instant crime, the degree of exercising the tangible power of this case, the price index, the degree of injury, and the age of the victim, which can be acknowledged by comprehensively taking account of the evidence as revealed earlier, there was an intentional assault against the Defendant at the time of the instant crime.