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(영문) 부산지방법원 2018.03.29 2017고단1593
폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At present, the Defendant was a student of the East Sea C elementary school, and around November 11, 2016, the Defendant was working as a fixed-term teacher of the E elementary school located in Geumcheon-gu, Busan. The Victim F (12 tax) and Victim G (12 tax) were students of the above elementary school.

피고인은 2016. 11. 11. 10:30 경부터 11:10 경까지 위 E 초등학교 강당에서 체육수업을 진행하던 중, 피해자 F이 바닥에 있던 피구 공을 피의자에게 던지는 시늉을 했다는 이유로 “ 씨 발, 개새끼야. ”라고 욕설을 하며 손으로 위 F의 목을 잡고 발을 걸어 넘어뜨리고 손으로 피해자 F의 뺨을 3~4 회 가량 때렸다.

At the time of the continuous completion of the school course, the victim G was able to see the less part of the victim G due to the fact that the damaged G was trying to put the ball in the mouth of the Gu, and that it had gone through the Defendant’s safety.

Accordingly, the defendant assaulted victims respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Stenographic records of each prosecution against F and G;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense. Article 260 (1) of the said Act

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Crimes of Violence No. 1 (No. 1 year) (4 months to 1 year) (special aggravation of punishment] Crimes, the victim (person subject to special aggravation of punishment] who is vulnerable to the crime does not have any criminal history against the defendant. However, even though the victim is deemed to have been seriously injured by his or her failure to take part in taking part in his or her training and taking part in his or her training and taking part in his or her training and taking part in his or her training and taking part in his or her training and taking part in his or her training, it is disadvantageous to the victim that he or she

In addition, the circumstances, means and methods of the crime of this case, the circumstances after the crime, the age, sex, and environment of the defendant.

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