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(영문) 수원지방법원 안양지원 2016.11.01 2016고단579

특수상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

On December 23, 2015, the Defendant had a dispute as a matter of the list of the victims F (year 51) and students in charge of cleaning the playgrounds in E-middle School E-middle School D located in Ansan-gu around 09:00 on December 23, 2015, and the Defendant got a victim with the primary clater (a 60cm, 25cm, 15cm in height, 20cm in height, 20cm in thickness) which is a dangerous object on his/her book, while he/she had a dispute. In that end, the victim avoided the primary click so that the victim could come into contact with the body of the victim, and thus the victim could fall off on the side of the floor.

In this respect, the defendant carried with himself the above brupted brue, which is a dangerous object, and assaulted the victim.

Summary of Evidence (Preliminary Facts)

1. Testimony of each part of witness F, G, H, and I;

1. Application of Acts and subordinate statutes to photograph tree dives photographs (preliminary facts charged);

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the facts charged in reserve): The fact that the defendant has no record of punishment; the fact that the defendant has no record of unfavorable circumstances: The portion not guilty of the fact that the defendant has not agreed with the victim (the facts charged in principal);

1. Around 09:00 on December 23, 2015, the Defendant: (a) at the E-middle School principal office in Ansan-si, the Defendant brought a dispute to the list of students in charge of cleaning the victim F (the age of 51) and the playgrounds; (b) at the E-middle School principal office in Ansan-si, the Defendant left the victim with his trade part of the victim; (c) while doing so, the Defendant had a dangerous object on his/her book (a 60cm, 25cm, 15cm in height, 15cm in thickness, 2cm in thickness); and (d) went to the left part of the victim’s arms in need of approximately two weeks medical treatment.

2. The victim testified in an investigative agency and in this court that the defendant suffered sponsing the victim's arms as he did, but the witness G and H present at the time were present.