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(영문) 인천지방법원 2017.06.29 2017고단1734
폭행등
Text

A defendant shall be punished by imprisonment for four 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 has been a customer in a singing room operated by the victim D (V, 57 years old) in Nam-gu Incheon Metropolitan City.

1. On July 6, 2016, the Defendant was forced to commit an indecent act: (a) around 22:10, the victim had his/her singing number divided into singing machines; and (b) the victim had his/her chestd the victim with his/her two arms from the time the victim had his/her singing machines installed; and (c) the victim had his/her chestd with each other.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant, at the same time and place as above, she spawned the victim’s hand and spawned in two rooms, and she spawned the victim’s head on two occasions in drinking and used the victim’s head on two consecutive occasions in drinking, thereby threatening the victim to drink.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A report processing table;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The Defendant alleged to the effect that he was in a state of mental and physical weakness under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant at the time of the instant crime. As such, according to each of the above evidence, it is acknowledged that the Defendant had drinking alcohol at the time of the instant crime, but in full view of all the circumstances, such as the content of the instant crime, the Defendant’s speech and behavior before and after the instant crime, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions.

As such, the above assertion cannot be accepted.

The reason for sentencing is the first crime (sex crime) (the scope of recommended punishment).

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