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(영문) 서울북부지방법원 2015.08.28 2014고정2613
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around March 14, 2014, the Defendant assaulted on March 14, 2014, the victim G (the 13-year-old age-old) in Emiddle School located in C in Seoul, Jung-gu, Seoul, “D is threatening to F” and the victim G (the 13-year-old age-old) was assaulted by his hand at one time.

2. On May 30, 2014, the Defendant assaulted on May 30, 2014: (a) around 15:00 on May 30, 201, the kneel of the said victim in the E-middle School principal office at the above E-middle School principal office; (b) “I kneelel with female students”; and (c) assaulted the victim by hand at a number of times following the victim’s back water.

Summary of Evidence

1. A statement recorded on the second public trial by a witness G; and

1. The police statement concerning G;

1. A criminal investigation report (related to recording of suspect conversations) (In light of the evidence of the court below, the defendant's act of assaulting the victim as stated in the facts charged is recognized, and there is no reasonable ground to suspect the victim's statement.)

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act, the defense counsel asserts that the defendant's act is limited to the extent to which the victim would be injured and that it does not violate social rules and thus, illegality is excluded.

When guiding students, the words, such as physical and mental pain, and booming horses, etc., are allowed only when it is inevitable for education. Therefore, the act of assault and booming to students was achieved from the purpose of correcting the wrong words and behavior of students, and it was impossible to correct other educational means, and it was an objective validity that can be accepted by social norms from that method and degree.

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