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(영문) 서울중앙지방법원 2016.07.18 2016고단2996

폭행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal history] On June 12, 2015, the Defendant was sentenced to six months of imprisonment with labor for an indecent act committed by the Seoul Southern District Court and completed the execution of the sentence in the Seoul Southern District Court on November 9, 2015.

[2] On February 10, 2016, the Defendant, at the D convenience store located in Gwanak-gu in Seoul Special Metropolitan City on February 10, 2016, expressed the Defendant’s bath to “the victim F (29 years old) who is a guest in the future, who is the victim F (the victim of the victim) who is the customer in the next place, was sexually abused the victim, such as when the part of the part of the victim was 1 time by hand, and when the part of the part of the victim was 1 time by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each investigation report (to conduct a telephone investigation, listen to witness E phone statement, and confirm the intention of agreement of a victim);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the date of release and confirmation of the period of repeated offense);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the degree of violence (person subject to special sentencing) in the mitigated area (a person subject to mitigation) (a person subject to general sentencing) is minor (a person subject to general sentencing), a person subject to serious reflection (a person subject to mitigated punishment) and a person subject to a repeated offense of this category (a person subject to special violence) within the mitigated area;

2. Determination of sentence: The defendant's age, sexual conduct, family relationship, family environment, motive and means of a crime, and circumstances after a crime within the above sentencing criteria shall be comprehensively taken into account. In particular, the defendant has been subject to criminal punishment more than 30 times in the past, and there is a high possibility of criticism in that it has been committed for an unspecified victim after drinking, and there is a need to punish the crime even though it has been continuously committed a similar mistake, it is necessary to prevent the crime within the period of repeated crime ( approximately 3 months) which has not yet been committed after release, and the damage has not been recovered.