One certificate (No. 1) and one KON (No. 2) shall be confiscated.

On November 1, 2018, 21:55, at around 2018, the Defendant discovered the victim C (one person, two years of age, and 31) who was smoking tobacco at an outdoor parking lot located in B 1st, Gwanak-gu, Seoul Special Metropolitan City, followed the victim by leaving the victim, and took the face of the victim by drinking the victim at a number of times, taking the victim's face back on the part of the victim's body and taking the victim's head head, putting the victim's face part to escape, and then again, the Defendant sustained the victim's face part and part to walk the victim at a number of times, 29 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C;

1. A written statement and a witness’s statement;

1. Records of seizure and the list of seizure;

1. One medical certificate of injury and one medical certificate of injury;

1. Blue boxes and video CDs;

1. Sable image images of a black stuffing video;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257 (1) of the Criminal Act, Selection of Imprisonment

1. Confiscation;

Article 48(1) of the Criminal Act

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Scope of the recommended sentencing criteria; and

[Determination of Type] General Injury (General Injury)

【Special Indecent Injury】

[Scope of Recommendation] From 6 months to 2 years and 6 months (Aggravated Zone)

3. Determination of sentence;

The Defendant committed an act of assaulting a victim without fault, thereby causing injury to the left-hand hand hand, which requires treatment for about 29 days. In light of the type of crime, degree of injury, circumstances before and after the commission of the crime, etc., the Defendant was subject to violence from the victim’s conduct prior to the instant case.

Although it is alleged that a person committed an offense by taking advantage of his or her motive, it is difficult to understand the motive of his or her argument by itself, and even if he committed a crime with intent to commit a crime against the victim, the possibility of criticism is high. The victim appears to have suffered heavy mental suffering due to the instant case, and the defendant was not able to receive from the victim.

In full view of the above circumstances and the fact that the defendant recognized and reflected the crime of this case, and all other circumstances revealed in the process of the record and trial, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, the punishment as shown in the order of the sentencing guidelines established by the Sentencing Committee shall be determined within the scope of the sentencing guidelines

Parts of innocence

1. Summary of the facts charged

피고인은 판시 범죄사실 기재 일시, 장소에서 피해자에게 달려들어 피해자의 얼굴을 수십 회 때리고 쓰러진 피해자의 몸 위에 올라타 양 주먹으로 피해자의 얼굴을 수십회 때려 피해자로 하여금 반항하지 못하게 한 후 손으로 피해자의 가슴 부분을 감싸쥐었으며, 도망가려는 피해자의 머리 부위를 붙잡아 제지한 후 다시 발로 피해자의 얼굴 부위와 배 부위를 수회 걷어찼다.

As a result, the defendant committed indecent acts by compulsion on the victim, and the victim suffered injury such as the 4th left hand hand hand, which requires medical treatment for about 29 days.

2. Determination

A. Relevant legal principles

1) In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge not having any reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10,

2) In particular, in a case where the Defendant consistently denies the facts charged and the victim’s statement is practically the only direct evidence consistent with the facts charged in the record, in order to find the Defendant guilty of the facts charged solely based on the victim’s statement, there is a need for high probative value so as to have little doubt as to the authenticity and accuracy of the victim’s statement, and to carefully verify the reasonableness, consistency, objective reasonableness, etc. of the victim’s statement to determine whether the statement satisfies the probative value required in the criminal trial (see, e.g., Supreme Court Decision 2011Do16413, May 10, 2012).

B. The evidence submitted by the prosecutor to prove this part of the facts charged lies in the victim's statement in the court and investigation agency, the police statement of witnesses D, the black stuff image CD, etc. However, in the case of a black scam CD, which photographs the scene of the crime, only the face of the defendant scambling while assaulting the victim, and only the face of the defendant scambling the victim's chest does not have a photograph of the victim's chest, and D did not have a statement that the defendant scams of the victim's chest. Thus, the evidence corresponding to this part of the facts charged is accompanied by the victim's court and investigation agency.

C. Specific determination

Considering the following circumstances revealed by the record, it is difficult to readily conclude that the statement by the victim alone was indecent act by compulsion of the victim’s chest while the Defendant assaulted the victim, and there is no other evidence to acknowledge such act.

1) While the Defendant led to an injury to the victim, it is denied that there was no fact that the Defendant committed an indecent act by force since the prosecution made the victim's chest alone only.

2) The victim stated that he/she committed an indecent act by assaulting the victim at an investigative agency to this court consistently. However, considering the following circumstances revealed by records, ① the victim’s 2nd investigation to the effect that he/she is obviously unsatisfyed or unsatisfyed by the victim’s chest at the time of the crime: From 0 to 5th investigation into the victim’s chest, it is difficult to identify the victim’s face. ② The victim stated that he/she was assaulted only on drinking during the police investigation process, and that it would be difficult for the victim to know that he/she was 1 to 6th of the victim’s chest at the time of the crime. However, considering the fact that the victim was 1 to 6th of the victim’s chest, it is difficult to say that he/she was aware of the victim’s face at the time of the crime, and that there was an assault by the victim at the time of the second investigation into the victim’s chest by 1 to 6th of the victim’s chest.

3) According to the video recorded in the black box, the appearance of the Defendant appears to have a victim during the course of assaulting the victim between 21:508 and 21:50:11, while considering the victim’s statement that the Defendant made a statement that the chest was sent once in the course of assaulting the victim, it is deemed that the Defendant was protruding for the purpose of hiding the victim while driving the victim, and the face of the Defendant’s chest appears not to have been taken.

4) According to the victim’s statement, the Defendant, while saving the victim in a discriminatory manner, led to a non-discriminatory assault by the victim. Considering the Defendant’s attitude of assaulting the victim who had been continuously saved despite the suppression of the victim’s resistance, it is difficult to readily conclude that the Defendant’s purpose of assaulting the victim was for the crime of indecent act by compulsion.

5) The prosecutor argued to the effect that the Defendant had a criminal intent of indecent act by compulsion on the part of the victim due to the situation where the victim was driving away from subway stations. However, it is difficult to recognize that the Defendant had a criminal intent of indecent act by compulsion on the part of the victim. It is difficult to view that the circumstance is consistent with the victim’s statement that the Defendant committed indecent act by compulsion on the part of the victim by compulsion on the part of the victim.

Conclusion

Thus, this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as the defendant is found guilty of a crime of bodily injury which was prosecuted due to a single crime

Judges Kim Gin-young

Judges, Senior Jins