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(영문) 대전지방법원 천안지원 2014.03.28 2013고정1129
폭행치상
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant was the director of a child-care center D in Dong-gu, Dong-gu, Dong-gu, Seoul.

On February 27, 2013, between 11:30 on the same day and 12:00 on the same day, the Defendant: (a) between 11:30 on the same day and 12:00 on the same day, the victim E (78 years of age) found the above child care center and her desire to find the said child care center; (b) changed the F’s monthly salary, who was shot in the kitchen room of the above child care center; and (c) led to violence to the victim beyond the floor by pushing the victim within the above child care center.

As a result, the Defendant suffered injury that requires medical treatment for a period of 56 days due to the Victim’s 12’s scarke, the closure of the body part of the body part of the body part of the Defendant’s knife, the dysty tyke, etc.

Summary of Evidence

1. Each legal statement of witness E, F and G:

1. Some statements concerning the suspect examination protocol of the defendant;

1. A medical certificate of injury, and a fact-finding report by the director of the Chungcheongnam-do Medical Center in Chungcheongnam-do;

1. Data of photographs;

1. Application of Acts and subordinate statutes to the written agreement;

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of fines;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. When the victim finds the above child care center and takes a breath and takes a bath for the Defendant, the Defendant was satisfing the F in the side, and the victim was satched, and the victim was satched and satisfed. However, the victim was not pushed down.

나. 피해자가 넘어진 곳은 바닥이 푹신한 위 어린이집 내 유희실이었으므로, 피해자가 그곳에서 넘어져 공소사실 기재와 같은 상해를 입었다고 볼 수 없다.

2. Determination

A. In light of the following circumstances acknowledged by the aforementioned evidence, the credibility of the part of each legal statement between the victim and F that the victim was over the floor of the child-care center may be recognized.

1 The statements made by the victim and F in law and investigative agencies are generally consistent.

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