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(영문) 서울중앙지방법원 2019.02.13 2018고합1132

강제추행상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 7, 2018, at around 21:55, the Defendant discovered the victim C (a person, age 31) who was smoking tobacco in an outdoor parking lot located in B 1st, Gwanak-gu, Seoul Special Metropolitan City, followed the victim by leaving the victim, and brought the victim's face back to the victim's face at a total of 29 days of drinking, and brought the victim's face back to the victim's face back to the victim's body, and again, brought the victim's head head part to escape, and tried to remove the victim's face part and part to walk the victim's face part to several times of drinking and the part to walk from the victim's face to the victim for about 29 days.

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. Application of the Acts and subordinate statutes to cut booms video images;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

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

2. Extent of the sentencing guidelines [decision of types] of general injury (a general injury to a person under special circumstances] under category 1 (a general injury to a person under special circumstances]: Imprisonment with prison labor for up to 6 months from 6 months to 6 months (a special area).

3. The Defendant, who made a decision of sentence, committed an act of assaulting the victim in secret, thereby inflicting an injury on the left-hand 4 balance of 29 days in need of treatment, such as the appearance of the crime, the degree of injury, the circumstances before and after the crime, etc.

Although the Defendant asserts that prior to the instant case, he had been aware of the victim’s commission of assault, and committed a crime, it is difficult to obtain the motive of the argument by itself, and even if he committed a crime in the original manner against the victim, the possibility of criticism is high.

The victim is the case.