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(영문) 대전지방법원 서산지원 2018.06.27 2017고단1074

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a senior to a high school of the victim B (V, 28 years old), developed from October 2016 to a relationship with the victim. However, the Defendant excessively gathered the victim’s male relationship while doubtful the victim’s male relationship, and came to a relationship with the victim again from May 2017 to January 2017.

Since August 2017, when the victim demanded the defendant to be hedging on the grounds of violent inclinations of the defendant, the defendant refused to meet with the victim. As such, the victim threatened the victim with harm to the victim and his/her family members, and maintained the relation with the victim strongly.

On August 30, 2017, at around 01:35, the Defendant demanded the victim to have sexual intercourse in the Defendant’s residence located in Jindo C building D, but the victim refused to have sexual intercourse, and went into the bottom of the bed while pushing the Defendant, and “I kn't kn't kn't kn's head, kn't kn't kn't the victim’s head, kn't kn't the victim’s kn's head on the floor, kn't kn't the victim’s face. When the victim’s face, the Defendant kn't kn't kn't kn't kn't kn't k's face, and caused injury to the victim for a long

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report an investigation (including a copy of the medical records submitted to the victim E), and to report an investigation (to hear statements on the victim B by telephone);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account all elements of sentencing, such as the background of the instant case, degree of damage, and the following circumstances, such as the victim and its surrounding persons suffering from the Defendant due to the observation of protection, conviction under Article 62-2 of the Criminal Act, and the reasons for sentencing, the Defendant’s depth reflects the Defendant, and the fact that there is no previous conviction in sentencing.