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(영문) 서울북부지방법원 2013.04.01 2012고합655
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is one year and six months of imprisonment with prison labor and two years of suspended execution on the front side of the Seoul Northern District Court on April 24, 2009, and on September 2, 2008, the defendant was sentenced to two years of suspended execution, due to the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor rape, etc. under thirteen years of age) committed an indecent act by burning the victim D (the victim 6 years of age at that time, 6 years of age, 10 years of age at that time) on the front side of the Seoul Northern District Court on September 2, 2008.

On May 14, 2012, around 14:00, the Defendant: (a) completed a school by chance, and (b) had the victim returned home at the school, and (c) had the victim had been punished by indecent act as above, prior to May 2012, against the Defendant’s complaint and punishment of the Defendant by indecent act.

1. The Defendant, at the above date and place, and at the above time and place, obstructed the victims returning home, and thereafter, assaulted the victims by bringing them into the victim’s knife and bringing them into the victim’s knife.

2. At around 17:00 on the same day, the Defendant assaulted the victim by her hand, who was seated in the event at the G Park G Park in Seoul Jung-gu, and “I would like to see the scar before the e.g., I want to do it, I would like to do it, I would like to do it, I would like to do it, and I would like to see the victim’s back water three times by hand.

2. Determination as to the assertion that indictment invalidation should be invalidated

A. The summary of the Defendant’s and his defense counsel’s assertion is the date and time of the instant facts charged in the first order of May 2012. This is the first order of May 3, 2012, and the date and time of the instant facts charged were specified from the time of the first report to May 3, 2012 and when the Defendant’s Albaba was proved on the day of the investigation, the date and time of the instant crime changed to May 2012. As such, the Defendant’s exercise of the Defendant’s defense right is considerably obstructed, and the facts charged are not specified. Accordingly, the instant indictment

B. Article 254(4) of the Criminal Procedure Act stipulating the specific method of the facts charged to determine.

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