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(영문) 수원지방법원 2017.07.06 2017고단2197
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. In order to get back the cell phone that had been previously lent to the Defendant at around 15:40 on December 27, 2016, at around 15:40, the injured Defendant left the Defendant’s cell phone at around 502, which was located in Suwon-si C, the victim E (the victim E (the 27-year old age), who was suffering from the Defendant, and talks with the Defendant, the victim’s head was 2 times at the floor of hand, and the victim was placed on the bed, and the head was dried up and the head was dried.

As a result, the defendant injured the victim about 14 days of treatment, such as impairment of saves of face that needs to be treated.

2. The Defendant, at the same time and place as the above paragraph (1) above, committed an indecent act by force, after putting the victim on a bed on the bed, and committing an indecent act in response to forced appearance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the community service order and order to attend lectures

1. Application of the sentencing criteria;

(a) No. 1 crime (sex crime) (Scope of recommended punishment) is the basic area (6 months-2 years-2 years-2) of the Act on the Punishment of Indecent Acts (subject to 13 years-2 or more) under the general standards;

B. The scope of the final sentence due to the increase of multiple offenses, for which the basic area (from April to one year and six months) (no person subject to special sentencing) of Class 1 (hereinafter referred to as "general injury") is applicable to the second-class crime (bi.e., violence), general injury: June to two years;

2. In light of the form and content of the instant crime that was determined to be sentenced, the Defendant again committed the instant crime even if he/she received a disposition of suspension of indictment on the ground that he/she inflicted an injury upon the victim during the period of two weeks from November 8, 2016 when he/she committed the instant crime, and did not agree with the victim.

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