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(영문) 대전지방법원 2018.07.17 2017고단4031
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 14, 2017, around 02:0, the Defendant committed an indecent act against the victim E (55 years old) in the vicinity of the main place of “D” located in Daejeon Seo-gu, Daejeon, by misunderstanding that the Defendant committed an indecent act against the victim E (55 years old), and caused the victim’s knee, knee, and kne, knee, and kne, walking the victim’s bridge by continuing to walk up the victim’s bridge, knee, knee, knee, and kneing the victim with kne and kneing the kne with the victim’s kne and kne, thereby causing an injury to the victim by assaulting the victim for about 28 days.

Summary of Evidence

1. Entry of the witness E and G in the third public trial records;

1. Statement made by the witness F in the fourth public trial record;

1. Statement made by the police for E;

1. G Police Statements;

1. A written diagnosis of injury;

1. Application of CD-related Acts and subordinate statutes

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act was committed in the course of arresting the victim E by mistake as a sexual indecent act.

In light of the degree of efforts to recognize illegality at the time of the defendant's perception of illegality, etc., the defendant did not have any justifiable reason to mislead the above victim as a sexual indecent act. However, the punishment as ordered shall be determined by taking into consideration favorable circumstances, such as the background leading to the crime of this case, the details of the crime of this case, the degree of damage, the degree of perception of the defendant,

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