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(영문) 수원지방법원 안양지원 2019.11.28 2019고단1596

폭행

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is an assistant principal of the same elementary school, and the defendant B was in conflict with each other regarding the methods of the defendant A's humf education as a principal of the same elementary school.

1. On July 24, 2018, Defendant B requested removal of a student’s personal special case engineer on the student’s living notification table of the school year of the above elementary school that was prepared by the victim A (here, 54 years old) at the school office of the C Elementary School located in Ansan-si (Gu) around 14:00 on July 24, 2018, and assaulted the victim by his hand twice due to his/her loss.

2. Defendant A, at the same time and place as in paragraph 1, assaulted the victim B (age 60) by knifeing the snow level of the victim B (age 60) on the ground of the same reason as in paragraph 1.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Protocol of partial police statement concerning B;

1. The written diagnosis of injury (Evidence No. 4 No. 4) [Defendant A and the defense counsel asserted that the act was a self-defense or a legitimate act in setting up against the victim B's assault, but in light of the circumstances, contents, degree, etc. of the assault acknowledged by the aforementioned evidence, it is reasonable to deem that the act of the defendant was committed in the process of mutual raping each other, and that the act of the defendant was mixed with the nature as an act of attack and defense, and it is difficult to view that the illegality of the act of the defendant constitutes an act of self-defense or legitimate act as a means of resistance to escape from

1. Defendant B’s partial statement

1. Part of the police statement to A;

1. Investigation report (written evidence E);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (No. 10 No. 10 of the evidence list);

1. Relevant Article 260(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.