(영문) 의정부지방법원 고양지원 2012.12.27 2012고단1242



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


Punishment of the crime

On May 8, 2009, the Defendant was sentenced to a suspended sentence of two years and six months, for rape and bodily injury by rape, in the Goyang Branch of the District Court on May 8, 2009, and the judgment became final and conclusive on August 7, 2009, and is currently in the grace period.

At around 23:50 on June 19, 2012, the Defendant: (a) sought to enter the said skin room in front of the “Dpiced room” located in Seoyang-gu, Seoyang-gu; (b) but, on the ground that the door was locked, sent a sidewalk block ( approximately 23.5cm in height, approximately 9.5cm in height, and approximately 6cm in thickness) which is a dangerous object on the floor on the ground that the door was locked.

The Defendant, on the ground that the victim E (the age of 56) committed the above act, was able to bring the victim’s head head part once in the above news lux, and suffered bodily injury, such as the two heats where the victim’s number of days of treatment cannot be known.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of witness F and E;

1. Statement of the police statement concerning F;

1. E statements;

1. On-site photographs and photographs concerning the case;

1. Previous convictions: Criminal records, investigation reports (verification of the fixed date of stay of execution of sentence and application of statutes);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (not to punish victims, etc.);