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(영문) 창원지방법원 진주지원 2017.09.12 2017고단551

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the accused to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On February 18, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the Jinwon District Court’s Jinju Branch on the grounds of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and completed the execution of the sentence on July 4, 2015.

[Criminal facts]

1. A special assault Defendant: (a) around 10:0 on Jun. 6, 2017, at the community center in the Hadong-dong, Chungcheongnam-gun, Seoul, the community center for older persons, took the head of the victim D (the age of 84), which is a dangerous object, without any justifiable reason, under the influence of alcohol; and (b) took the head of the victim D (the age of 84) on one occasion; and (c) followed the victim out of the damaged center for older persons; and (d) taken one time the victim’s head on one occasion.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On July 10, 2017, the Defendant had a obscenity in front of the sperm located in the senior citizens’ hall at around 16:00, and had a obscenity opened and completely cut his or her sexual organ, and had his or her sexual organ taken out before the sperm located in the senior citizens’ hall at around 16:00, and had publicly obscenity by viewing the urine on the sperm pole.

3. On July 11, 2017, the Defendant used 1.8 liters, which included 2/3 of the water located at the scene, and assaulted one time at the left part of the victim, while under the influence of alcohol in front of the sperm in the senior citizen center at the senior citizen center. As such, the Defendant took a bath to the victim as he was under the influence of alcohol from the victim I (the age of 65).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made with respect to I, D, E, F, G, and H;

1. On-site photographs, criminal tools photographs, and criminal tools photographs;

1. On-site photographs of places of public performance;

1. A medical records;

1. Investigation reports (to hear statements from victims and confirm their intention to punish victims);

1. Investigation report (the date and time of assault against victim D);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions in the same case), printed matter of the judgment, and the current expropriation status of each individual;

1. Article 261 of the Criminal Act applicable to the facts constituting a crime and Article 261 of the choice of punishment;