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(영문) 춘천지방법원 강릉지원 2016.04.20 2015고단1407
폭행
Text

A defendant shall be punished by imprisonment for four 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

On August 25, 2015, 13:25, 13:25, the Defendant found the victim E (10 years of age) who was seated on the job to prepare a class because he was at around 9 half of the fourth class 4 and 9 of the fourth class of D elementary school 3, and the victim E (10 years of age) was at the time of her own child, and then called as a corridor for the victim who was seated on the job to prepare a class.

”며 다 그치듯이 윽박을 지르고, 피해자의 손을 강제로 잡고 계단을 통해 4 층에 있는 4 학년 5 반 교실 앞까지 끌고 가는 방법으로 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to H, E, and I;

1. As to the Defendant’s assertion on each investigation report (such as the situation of on-site mobilization, the statement of a witness, the person suspected of being suspected of being present, the statement of a witness, and the victim’s statement), the Defendant asserted that the Defendant was subject to punishment in the instant case, on the following grounds: (a) the victim’s own instruction at the time moved from the third floor (the victim’s fourth and fourth class class class class class class class class class class class) to the fourth floor (the victim’s second class class class class class class class class class class class class class) and from the fourth class (the victim’s children’s children), the Defendant did not have a knife or strong pressure in the process; (b) the Defendant was assaulted by the victim’s father, and (c) the Defendant was subject to punishment in the instant case. According to each of the above evidence, the Defendant’s assertion that the Defendant was forced to have a hallway, which was the victim’s fourth class and fourth class class class, and that the Defendant’s above Defendant’s 2 and fourth class did not clearly accepted the Defendant’s exemption.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, and the Act on the Observation, etc. of Protection;

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