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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단122
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2017 Highest 122] The Defendant was sentenced to six months of imprisonment with prison labor for an indecent act in the Goyang branch of the Jung-gu District Court on July 10, 2015 and completed the execution of the sentence on November 22, 2015.

[2] On August 23, 2016, the Defendant reported the victim C (23 tax) who passed the place within the name-dong park located in 14:20, Geum-si, Geum-si, 14:16, and gave approximately three weeks of treatment to the victim by hand without any other reason.

[2017 Highest 1219] The Defendant was sentenced to six months of imprisonment with prison labor for an indecent act in the Goyang Branch of the Jung-gu District Court on July 10, 2015 and completed the execution of the sentence on November 22, 2015.

[2] On January 31, 2017, the Defendant: (a) at the “E restaurant located in D, Pariju City, on January 31, 2017; (b) at the “E restaurant; and (c) on the grounds that the act of the victim under the influence of alcohol was bad, on the ground that the behavior of the victim under the influence of alcohol was committed against the victim F (nives, age 52) who was in a relationship between several years and that the conversation was committed against him/her.

As a result, the Defendant carried dangerous goods as above and carried them with the victim’s number of days of treatment which could not be known to the victim.

Summary of Evidence

[2017 Highest 122]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Previous convictions indicated in the judgment: Investigation report (verification of the fact of repeated crime), one copy of a report on the result of previous convictions of disposition, two copies of the judgment, one copy of the status of confinement of each individual;

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A damaged photograph;

1. Previous records: Application of Acts and subordinate statutes, such as personal confinement and inquiry of residents;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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