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(영문) 서울동부지방법원 2013.07.30 2013고단1068
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The Defendant is a parent of the first and second grade E in Gangdong-gu Seoul Metropolitan Government, and the victim F (M, 34 years of age) is a public official who is the student of the above E.

At around 12:50 on March 27, 2013, the Defendant was faced with two same students in the class of the first grade and the second grade of the second grade of the same year, and thus, the Defendant did not deal with the case as school violence in the school, even though he was in a group violence, and in particular, he did not report the face of the victim whom E was assaulted, but did not look at the victim's religion.

On April 3, 2013, at around 15:05, the Defendant: (a) assaulted the victim’s her head, who was found as the above classroom and carried out his/her duties in the classroom, to “I am good, as he/she is in his/her hands,” and (b) demanded that “I am good, as he/she was in his/her hands,” and that “I am good, am in the latter part of the first floor, am in the victim’s answer.” However, on the ground that I did not hear the opposite answer desired from the victim, the Defendant interfered with the public official’s legitimate performance of duties, such as having the victim go against the bar door three times, and at the same time, sustained injuries, such as double gambling, external stress, and stress disorder, which require four weeks of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. An injury diagnosis certificate and a medical certificate;

1. Video CDs that assault the victim;

1. Application of Acts and subordinate statutes to each investigation report (any G e-mail statement corresponding to the voluntary retirement of a D elementary school, any written application for carbon, such as one-time school staff member, etc.

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. There was a lack of ex post facto measures regarding assault cases of the first-class children of elementary school in the school of the reason for sentencing of selective sentence of imprisonment.

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