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(영문) 창원지방법원 마산지원 2017.01.25 2016고합58
강간상해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 9, 2016, the Defendant discovered the victim E (the age of 25) who was married on the front side of the Masan-si, Changwon-si, Seoul Special Metropolitan City D, and found the victim E (the age of 25) who was under the influence of alcohol, and caused the victim to go on the part of the victim by driving the female under the influence of alcohol, so that it is difficult for the victim to go on the part of the victim by drinking himself, and the damaged person by the shock is facing both knee and kne on the floor.

As a result, the Defendant placed the victim on the right side of the upper left side in need of approximately three weeks of medical treatment, the feasia's feasia and knee-feasia's feasiae-feasia's feasia, and the feasia's feasia's feas

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act is alleged to the effect that the defendant was in a state of mental and physical loss or mental weakness at the time of committing the crime of this case. Thus, in light of various circumstances such as the circumstance of the crime of this case, including the result of mental appraisal against the defendant, the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime of this case, it is recognized that the defendant had drinking alcohol at the time of committing the crime of this case, but it is not deemed that the defendant had no or weak ability to discern things. Thus, the above assertion by the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The sentencing criteria are not applicable as the scope of punishment is selected by a fine according to the sentencing criteria.

3. The crime of this case, which was decided to be sentenced, does not have an identification at the night of the defendant.

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