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(영문) 대전지방법원 2014.02.12 2013고단4275

상해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 15, 2013, the injured Defendant: (a) 22:00 on September 15, 2013, on the ground that the victim D (the age of 19) had contacted with the Defendant’s male-gu, Taedong-gu C Apartment 101 (the age of 19) on the ground that he was in contact with the Defendant’s male-gu; (b) 5 times in the victim’s left side scke, scke the victim’s head, scke the victim’s head, and continuously carried the Defendant’s vehicle E with the victim’s vehicle, moved the victim’s vehicle into the playter of the F apartment, moved the victim into the vehicle with the victim’s left side, 7 times in drinking, scke the head, and scke the victim’s head from the bottom, thereby causing injury to the victim, such as fluoral dum dumk, etc.,

2. The Defendant in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) committed violence against the victim as set forth in paragraph (1), and took three times the victim’s body by using the Defendant’s LG smartphone shooting function in his possession, where the victim was bread to brea the victim’s body, with the victim’s breath “heat, breabbbing the breath, flading the breath, flading the breath, flading the victim’s body.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the mobile phone camera photographing function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 257 (1) of the Criminal Act concerning the facts constituting the crime (a point of photographing by using camera, etc.);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the crime of injury heavier than the offense) among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Exemption from orders to attend lectures;