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(영문) 수원지방법원 2016.07.14 2016고합103

유사강간등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 9, 2015, the Defendant reported the Defendant to an investigation agency without receiving the Defendant’s apology on the similarity relation between F in the wife population E (n, 24 years of age) and female-friendly job offer G (n, 24 years of age) in front of F in the wife population E, which was around September 00:35, 2015.

One thing is that the victim's face is tightly pushed up one time with the part of the victim's face, and the victim's face and head are tightly pushed up with two hands, and the victim's face and head are tightly pushed up two times, and the victim's face and head are tightly treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

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

1. Statement of the police statement related to G;

1. Each written diagnosis of injury (a relatively consistent criminal defendant has taken the victim's face in an investigative agency to the extent that the victim's face is sealed and the victim's face is pushed or broken out;

In full view of the circumstances acknowledged by the evidence above, including the following: (a) the statement made by the victim; (b) the part of the victim’s injury corresponds to the above form of exercising the physical force as seen above; and (c) the Defendant’s self-concepting of the victim; and (d) the fact that the victim was injured by exercising the force of force as stated in the facts of the crime

Therefore, we cannot accept the defendant's assertion against this.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is as follows: (a) the Defendant appears to have committed the instant crime in the course of debrising the victim while driving with the victim; and (b) there are some circumstances to consider the circumstance.