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(영문) 대구지방법원 김천지원 2016.09.06 2016고정307
폭행
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

The defendant is a teacher of B High School, and the victim C(18) was a student of B High School who was working for the defendant as a teacher of B High School.

At around 15:50 on October 26, 2015, the Defendant assaulted the victim in the class 7th class of B High School Do, which was located in Gusisido, on the ground that the victim was aware of, three times in the future of the classroom due to the victim's loss, and twice the chest of the victim in the future of the classroom.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Enforcement Decree of the Elementary and Secondary Education Act appears to have been amended in light of the reflective view that the Defendant’s act of sentencing under Article 334(1) of the Criminal Procedure Act, such as the victim often dismissed at the time, may be considered to result in the instant crime. However, the Enforcement Decree of the Elementary and Secondary Education Act seems to not be amended in light of the fact that the physical punishment should no longer be justified at the place of education, and the fact that the act was committed as a part of the act of discipline and the fact that a fine is deemed to have been determined is considered from the time of the issuance of the summary order, and all circumstances constituting the conditions

Therefore, the punishment is determined as ordered.

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