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(영문) 울산지방법원 2018.10.18 2018고합60
강간등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On December 13, 2017, the Defendant was sentenced to a suspended sentence of two years in June of imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Hongsung branch of the Daejeon District Court, and the said judgment became final and conclusive on May 28, 2018.

[Criminal facts] The Defendant first became aware of the victim from the Victim B (V, 51 years old)’s head office located in Ulsan-gu around May 2017, and had an internal relationship from June 2017.

On October 5, 2017, the Defendant: (a) around 12:00, around 12:00, at the head of the above victim B’s residence; (b) at the time of the victim, the Defendant laid down KRW 3 million with the expenses of KRW 1,00,000, which he met and used in the victim’s residence; (c) and (d) caused the victim’s head collection and trace; and (d) caused the victim’s body to spread the victim’s body, which requires treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and the prosecutor with respect to the victim B;

1. A written diagnosis of injury;

1. A criminal investigation report (a record accompanied by a record submitted by the victim), a record;

1. Previous convictions: (A) A written reply to inquiry, such as criminal history, and application of Acts and subordinate statutes concerning the defendant to the prosecution;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant is recognized to commit the instant crime; the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the crime of concurrent crimes after Article 37 of the Criminal Act should be considered at the same time in relation to the relationship between the latter and the latter; and the fact that the records of criminal punishment for identical violence are prior to 2010, etc. are favorable to

The crime of this case was committed by the defendant with the body of the victim, resulting in injury, such as a rush, etc. without any body in two open for treatment for a period of 21 days, and the degree of injury is not less minor, and the defendant is in influent relationship with the victim for a considerable period, even though he was influence.

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