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(영문) 울산지방법원 2019.07.18 2019고단1505

특수상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 8, 2019, at around 23:35, the Defendant, at the entrance of a entertainment drinking house located in Ulsan-gu, Ulsan-gu B, the victim C (the 50-year-old age), who is an employee, went out of the main place to send other customers, took the appearance into the main place again, and took the victim into the main place to force the victim to commit an indecent act, and expressed the victim’s desire to read “Seak-gu, ............” The Defendant took the victim’s chest by neglecting this and disregarding the victim’s entry into the said main place, and kid the victim’s chest by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. A special injury Defendant: (a) committed an indecent act by force against the victim; (b) frightened the victim’s play; and (c) frightened the Defendant, frightened the victim; (d) frightened the victim, frightened the victim, frightened the victim to the fright of the victim.

이에 피해자가 “밖으로 나가 달라.”라고 요구하자 화가 나 손으로 피해자의 머리채를 잡은 후 그곳에 있던 위험한 물건인 맥주병을 다른 손으로 들어 피해자의 머리를 수회 내려치고 주저앉은 피해자의 배와 가슴 부위를 발로 수회 찼다.

As a result, the defendant carried dangerous articles with the victim for about 21 days and sustained injuries, such as 1 cage cage cage cage cage fages in a single other than cage cage fage

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on the medical certificate of injury, scene, and photographs of damaged parts;

1. Articles 258-2 (1), 257 (1), and 298 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service and order to attend a lecture, Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be the accused’s act of violence.