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(영문) 서울동부지방법원 2017.12.13 2017고단3485
폭행
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2017. 9. 15. 21:50 경 서울 성동구 B에 있는 ‘C 학원’ 1 층에서 여자 화장실을 사용하고 나온 직후 위 학원 학생 피해자 D( 여, 15세 )로부터 “ 여자 화장실을 이용하면 안된다” 는 말을 듣자 “ 손녀뻘인 년이 뭐라고 하는 것이냐

The victim's grandchildren, boomed the victim's grandchildren, tights the chest, and boomed the baby, while taking the bath, such as "".

Then, the Defendant received from the victim E (21) of the above driving school instructor of the above driving school who has heard the awareness that the students suffered damage from the driving school student, “Isker???”

This refers to "I will close the door of this private teaching institute in the future" on the ground that the victim F (41) of the instructor of the same private teaching institute reported to the police by the victim f (41) who has expressed his/her desire, such as "I will leave the door of this private teaching institute in the future", and when the victim f (41) reported him/her to the police at one time."

Accordingly, the defendant assaulted victims respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selecting a penalty, and the choice of imprisonment;

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 suspended execution;

1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered within the scope of the recommended sentence.

In the past, there is a record of fines and punishment for the suspension of the execution of imprisonment with prison labor for crimes of the same kind of violence tendency.

It is a State assault committed by a private teaching institute, which is a place to ensure safety for young merchants, and thus, the nature of the crime is bad, and it was not received from victims.

The degree of assault is very important.

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