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(영문) 창원지방법원 통영지원 2018.07.20 2018고단196

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, along with the victim B (the name of the Defendant, the age of 29), agreed to engage in a sexual intercourse while drinking alcohol at D points located in C at a macroscoping, and decided to engage in a sexual intercourse on December 21, 2017 at Fel 405 on December 21, 2017.

Defendant 1 attempted to engage in a sexual intercourse with the victim within the aforesaid telecom, but refused the victim's breath and sexual intercourse, refused the sexual relationship, and assaulted the victim's face by drinking while disputing a fake document together with a fake.

As a result, the Defendant inflicted injury on the victim, such as pulververization of each part of the flusium, which requires treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to B (tentative name) and G;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation, investigation, and medical certificate of injury;

1. Relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act on the selection of a sentence, and the reason for sentencing a sentence of imprisonment with prison labor, the Defendant, on the ground that the victim refuses to engage in sexual intercourse, assaulted the victim without delay. Accordingly, the victim was highly likely to suffer significant damage due to the injury of each part of the pulverization, which requires six weeks of treatment.

Nevertheless, the Defendant’s age, sex, environment, health status, circumstances leading to the commission of the crime, means and results of the crime, and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined by taking into account the following factors.