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(영문) 대전지방법원 서산지원 2018.11.14 2018고합55
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Each of the facts charged in this case.

Reasons

Punishment of the crime

[criminal history] On December 3, 2015, the Defendant was sentenced to a suspended sentence of four years and six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Intrusion on Residence) in the Seosan Branch of the Daejeon District Court on December 3, 2015, and such judgment became final and conclusive on December 11, 2015, and is currently under suspended

[Criminal facts (2018 Gohap 90) on July 22, 2018, the Defendant, along with the victim B (the victim B (the victim B) et al., had an attitude of disregarding the victim’s obsesses while drinking together with the victim B et al. on July 14, 2018, he saw the victim’s right side back, cut off the victim’s back on the ground that the victim’s flasing had an attitude of disregarding the victim’s obsing while drinking together with the victim B et al. (the victim B et al.). On the ground that the damaged object was dangerous on the floor. The Defendant inflicted an injury on the victim’s flading the victim once going beyond the floor to walk one time due to the outbreak of the victim’s back of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. On-site photographs;

1. Place of diagnosis and treatment, and place of emergency medical service activities;

1. Previous conviction: Application of a written inquiry about criminal history (A), investigation report (a) and Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] from April to one year.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in August, the crime of this case was committed by the defendant with a view to returning the body of the victim, who is the person drinking together, and causing injury on several occasions, and the nature of the crime is not good;

Although it is unclear that the number of days of medical treatment by the injured party's refusal of medical treatment for economic reasons is not clear, 40 m above the end of the injured party.

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