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(영문) 인천지방법원 2016.02.15 2015고정3076
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 13:10 on April 23, 2015, the Defendant: (a) committed assault against the victim, i.e., the victim F (the age of 17) who was a student, while rendering life guidance as a student leader in E.S. E. E. E. E. E. G., Yeonsu-gu, Incheon, as a student leader in a class of 7th grade D, in the face of the victim; (b) the Hand cream was sent back to the victim’s face; and (c) the Defendant committed assault against the victim, i.e., assaulting the victim by taking the victim’s head in front of the victim’s Hand cream taken by the Hand cream, taking the hand cream into the victim’s face

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Investigation report (a relative investigation by a doctor who treated the victim);

1. Photographs of the injured part, and photographs of the injured part;

1. The defendant and his defense counsel asserted that the defendant's act of injury (the defendant and his defense counsel did not have the intention of assault, and even if his act of assault constitutes a domestic violence, it is a justifiable act that does not violate the legal provisions, such as a legitimate act or work, and other social norms.

In light of the circumstances leading up to the instant crime, the means and methods of the instant crime, the degree of damage, the relationship between the Defendant and the victim, etc., which are acknowledged by each of the above evidence, the Defendant had the intention of dolusor assault, and it cannot be deemed that the Defendant and the defense counsel met the requirements of the lawful act, etc., and thus,

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the sentencing of the Criminal Procedure Act for the provisional payment order has occurred in the course of guiding the victimized student who has been cremationd several times as the principal of the student, and the Defendant is serving as a teacher without any criminal record, etc., in favor of the Defendant. However, the sentencing of the Defendant is favorable to the victim, while many students are kept in order.

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