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(영문) 수원지방법원 2018.03.15 2017고단8460
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2017, the Defendant: (a) entered the fourth-class class and fourth-class class class in the fourth-class class of C elementary school located in the 4th class of the public school, which is a public school located in Yeongdeungpo-si, Young-si; (b) entered the victim D (V, 50 years of age) who was preparing classes at the classroom, and was leading the victim to the male toilet on the same floor, leading the victim to the female toilet on several occasions; and (c) assaulted the victim, i.e., several times., the victim.

As a result, the Defendant interfered with the elementary school lessons of public educational officials, and at the same time inflicted injury on the victim, such as cerebral sye which requires treatment for about 14 days.

2. The Defendant infringed upon a structure: (a) opened a door at C elementary school as referred to in paragraph (1) and entered the 4th class and fourth class of the said school as referred to in paragraph (1), and intrudes into the said school, which is a structure contrary to the intention of the C elementary school manager, in mind that D s s s s s s s s s s s s s s s s s s

Summary of Evidence

1. Each investigation report (on-site investigation, the investigation of CCTV, the hearing of F telephone statements, hearing of F additional telephone statements, etc.) on the defendant's legal statement D, each written statement of D, E, and F, each of the statements submitted by the defendant, each investigation report (on-site investigation, C elementary school CCTV investigation, hearing of the victim's statement, hearing of the victim's statement by additional

1. Application of the CCTV screen and CCTV image CD-related Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of inflicting an injury) and Article 319(1) of the Criminal Act (the point of impairing a structure);

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Circumstances unfavorable to the accused for the reasons of sentencing under Article 62-2 of the Criminal Act: Intrusion upon elementary school classrooms and use violence against teachers.

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