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(영문) 창원지방법원 2017.05.30 2016고단4445

상해

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 19, 2016, the Defendant was sentenced to one year and six months of imprisonment and two years of suspended execution, and the judgment on December 16, 2016 became final and conclusive on the grounds of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

2. On September 6, 2016, at around 00:50, the Defendant opened a door with the card of 302 unit in Busan East-gu, "D hotel" on the 3rd floor of "D hotel" located in Busan-dong, the Defendant followed the victim E (the 26 years of age), who was an employee, who was an employee, was able to get off the elevator at the time on the ground that the victim would cause harm to the victim's early use, and followed the victim who was able to get out of the elevator at the time on the ground of the victim's escape, "I will not see this end, we will sell the above room and sell it accordingly." On the other hand, the victim's chest side was pushed up one time, and the victim's left side, the part of the victim's left river, and the part of the victim's booming away from 2 to 3 times to 2, and 2, the victim suffered injury during the day care.

Summary of Evidence

The application of the Act and subordinate statutes to report on the investigation of the police's written diagnosis of the defendant's testimony E

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Selection of penalty penalty:

3. Subsequent to Article 37 of the Criminal Act, Article 39 (1) of the same Act:

4. Article 62 (1) of the Criminal Act on the Suspension of Execution (the degree of injury is not severe and the victim does not want the punishment of the defendant, and the principle of equity, etc. with the case where the decision is made simultaneously with the crime record in the judgment);

5. The community service order under Article 62-2 of the Criminal Act;