beta
(영문) 창원지방법원 2014.07.15 2014고단831

폭력행위등처벌에관한법률위반(공동상해)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. When it is necessary for the accused to prevent the recidivism of a sexual crime of forty hours.

Reasons

Punishment of the crime

On March 22, 2013, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Cheongju District Court on March 2, 2013, and is currently under suspended sentence after the judgment became final and conclusive on July 26, 2013.

1. On March 20, 2014, the Defendant committed an indecent act by compulsion by force against the victim, such as finding out the victim C (the age of 45) who was under the influence of alcohol on the roads of a fire station located in the Kimhae-si, Kim Jong-si, and then making it possible for the victim to have his chest covered by the victim’s second hand, with the victim’s breast, and the victim’s breast at the same time.

2. A violation of the Punishment of Violences, etc. Act (joint injury) committed an assault against the victim E (as the victim E (as the above 45 places) who was the victim of the above C in collaboration with D, in the same behavior as that of the defendant in the preceding paragraph, and at the same time when the defendant took her shot at one time, etc., the defendant saw the victim's face by drinking as the victim's face. D, which led to the outbreak of the victim's chest, she saw the victim into three times, and she saw the victim's chest in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the photographs of the standing room;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act and Article 298 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency

The age, occupation, and location of the defendant who is ordered to disclose or notify.