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(영문) 광주지방법원 목포지원 2014.10.07 2014고단1084
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【2014 Highest 1084】

1. On December 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed two heats where it is impossible for the Defendant to identify the number of days for treatment to the victim because an empty small-scale disease, which is a dangerous object in the table, was released from the victim E (the age of 54) from the D cafeteria located in the Mapopo-si C, was placed two times in order to meet the part of the victim’s right head.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

[Judgment of the court below]

2. On June 4, 2014, the Defendant, at around 21:50, committed indecent act by compulsion, at the “I” restaurant operated by the victim H (A) in G stores in Kimpo-si, Kimpo-si, the Defendant committed an indecent act by compulsion by compulsion, by inserting the victim’s chest, who was ordered by the order, and by inserting her finger into the victim’s humbbbbbbbs.

Summary of Evidence

【Fact in Paragraph 1 of this Article】 (Fact in Paragraph 1 of this Article)

1. Defendant's legal statement;

1. Statement to E by the police;

1. Relevant photographs [the fact under paragraph (2) at the time of printing] (Article 2014-type 11959 at the jurisdiction of the Gwangju District Prosecutors' Office);

1. The defendant's legal statement (the third trial date);

1. Examination protocol of suspect against J;

1. Application of the police statement law to H

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment, etc. of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object) and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 53 or 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, etc.) for discretionary mitigation;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Children and Juveniles who are subject to disclosure and notification orders;

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