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(영문) 서울서부지방법원 2019.05.29 2019고단638
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 31, 2018, at around 23:47, the Defendant assaulted the victim D (the age 24) against the victim, who walked in the Cnonode room located in Eunpyeong-gu Seoul Metropolitan Government, and d (the age 24) with a string of singing, seated in front of the singing, and smoked on the part of the victim.

2. The Defendant, at the time, at the time, and place specified in Paragraph 1, 4, heard the victim D (the age of 24) the phrase “I am, dynasium,” and “I amrasium,” and “I amrasium,” and “I amrasium,” and “I amrasium,” and committed indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police statements of E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation and CD attachment);

1. Relevant Article 260(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed for the crime of grave indecent act by compulsion);

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: One month to twelve years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for the crimes of Class I (determination of type) and sex crimes;

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

(b) Class 2 crime (determination of types of assault) and violent crime [Class 1] general assault [Special B] mitigation element: cases where the degree of assault (type 1, 6, 7) is minor (type 1, 6, and 7) mitigation area;

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