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(영문) 대전지방법원 천안지원 2017.11.17 2017고단1814
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 22, 2017, the Defendant forced indecent act: (a) told the victim to follow the alcohol in a restaurant operated by the victim D (V, 59 years of age) located in Asan-si, Asan-si; and (b) made the victim’s tum with her tum twice in his/her hand and forced indecent act.

2. The Defendant: (a) committed an indecent act against the victim at the above time and at the above location; (b) committed an indecent act against the victim at the victim; (c) duplicing the victim’s flaps that the victim’s flaps, which occurred on the job; (d) duplicating the victim’s head flaps; and (e) duplicating the victim’s head flaps, and duping the victim’s head flaps on once by suplicating the victim’s head flaps; and (e) duplicing the victim’s head flaps on the part of the victim’s head flaps, and interfered with the victim’s duties of operating the restaurant for approximately 20 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Article 298 of the Criminal Act (the point of coercion), Article 314(1) of the Criminal Act (the point of interference with business) 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 grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing [the scope of recommended punishment] Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground that there is no person who is subject to special sentencing [the scope of recommended punishment] in the basic area (six months to two years] (the person subject to special sentencing] (the scope of recommended punishment] of the crimes under Article 16(2) [the scope of recommended punishment] (6 months to one year and six months] of the basic area (the scope of recommended punishment] of the crimes under Article 16(2) [the scope of recommended punishment] [the scope of recommendation] of the mitigated area (two months to one year] of the general injury (the general person subject to special mitigation] [the majority of the crimes under Articles 1 and 4] of the mitigated area.

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