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(영문) 광주지방법원 2021.03.16 2020노2170
상습상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant has 40 hours' child abuse.

Reasons

The facts of appeal No. 1) 1-Ma of the facts charged are as follows: the Defendant used plastic brooms on October 22, 2018 to assault the victim B (hereinafter “victim”); however, at the time, the Defendant only used the victim’s head, brooms, etc. ten times, and did not assault the victim by using plastic brooms.

2) 제 1의 사항 공소사실은, 피고인이 2019. 3. 초순경 부엌칼을 손에 들고 피해자를 폭행하였다는 것이나, 당시 피고인이 요리를 하던 중 피해자와 F에게 화를 내다 감정이 격해 지자 야채를 다듬기 위해 들고 있던 칼을 싱크대에 내려놓고 안방으로 들어갔고, 이후 안방에서 주먹으로 피해자와 F에게 꿀밤을 때리거나 약하게 뺨을 때린 정도의 폭행을 하였을 뿐이므로 위험한 물건을 휴대하여 폭행하지 않았다.

3) On October 22, 2018, the facts charged of paragraph 2 of the same Article stated that the Defendant forced the victim to purchase plastic brooms, which is a dangerous thing for the victim, to bring about a purchase of plastic brooms, which is a dangerous thing for the victim, and forced the victim to do an act that is not obligated to do so. However, the Defendant did not instruct the Defendant to do so, as well as the victim did not shot brooms (brooms).

4) As to the facts charged in Section 2-b, there was a conflict between the Defendant and the victim due to the unexpected handling of duties of the victim around that time, and the wheels of the victim to the Defendant with the hand saw the victim as his saw the head of the victim, but the defendant did not force the victim to be off his clothes.

5) As to the facts charged in Article 6-A, 6-2(b), and 6-5(e), the victim M and N (hereinafter “victims”) did not directly witness the victim because the defendant was in a ward or a fat room at the time when the defendant assaulted the victim at the inside of the room, and the victim was the victim.

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