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(영문) 의정부지방법원 2015.04.01 2014고합294
폭행등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 17, 2014, the Defendant was sentenced to a suspended sentence of two years on August 6, 2015 by the District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes.

1. Around 11:00 on February 7, 2014, the Defendant assaulted the victim by taking advantage of the victim F (the age of 53) who was unable to repay money from the Defendant at the office of “E” (hereinafter “D Hospital”) of the second floor of the building “E” located in Ku-si, Ku-si, and on the ground that the victim F (the age of 53) who was unable to repay money from the Defendant would borrow money again, leading the victim to the back head of the victim, leading the victim to the back head of the victim, and spiting the victim’s face.

2. Indecent acts by compulsion;

A. At early 13:00 on February 2, 2014, the Defendant: (a) 13:00, on the top of the victim’s net G (at the age of 78) where he/she was seated in the show, and (b) she committed an indecent act by force against the victim on the part of the victim’s chest.

B. At around 15:00 on February 6, 2014, the Defendant: (a) reported that the victim H (n and 77 years of age) took part in the bed; (b) took charge of the victim’s chest by hand; (c) the victim took part in the part of the victim’s chest with the victim’s upper part of his/her chest with another hand; and (d) committed an indecent act by force against the victim by taking part in the victim’s chest with another hand.

C. On February 6, 2014, at around 15:00, the Defendant committed an indecent act in the instant H, as seen in the preceding paragraph, committed an indecent act by force against the victim by putting out of the treatment room after getting out of the treatment room, and making up money to the victim who was sitting in the shock (e.g., age 81). If the victim’s body was left back with both hands, the Defendant committed an indecent act by force against the victim by putting the victim’s chest part on the part of the victim’s chest.

Summary of Evidence

1. The defendant's legal statement (as to the violence of paragraph (1) in the market)

1. Each legal statement of a witness I, K, H and J;

1. The police's statement of F and G with each police's statement is the protocol as provided in Article 312(4) of the Criminal Procedure Act.

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