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(영문) 창원지방법원 진주지원 2018.07.12 2017고단500
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On April 19, 201, the Defendant is a person who has a record of criminal punishment eight times in total for the same crime, such as a summary order of KRW 1 million for the crime of property damage in the Jinwon District Court’s Jinju branch on September 9, 201, a summary order of KRW 500,000 for the same court as an assault crime on September 9, 201, and a summary order of KRW 2 million for the crime of property damage in the same court on September 19, 201.

[2] On May 5, 2017, the Defendant, within "C" located in Jinju-si B around 20:39 on May 5, 2017, while drinking alcohol together with the victim D (n, 41 years of age) and sexually incurable E, despite his/her control, he/she repeatedly saw the victim to sculpate E with his/her sexually influence, while gathering the beer disease, which is a dangerous object in the place, and then flick the head of the victim, and flick his/her knife his/her knife by destroying the beer disease.

The victim was abused by carrying dangerous objects, such as threatening, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Report on internal investigation (verification of a detailed statement of handling cases reported 112);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Articles 261 and 260(1) of the Criminal Act of the relevant Act concerning the facts constituting an offense, the reason for sentencing a sentence of imprisonment with prison labor - Circumstances unfavorable to them - No one who repeats the same offense, or makes no effort to recover from damage: Confession of a crime and reflectivity;

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