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(영문) 서울남부지방법원 2018.11.22 2018고단5101
상해
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[criminal record] On August 16, 2018, the Defendant was sentenced to two years of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Seoul High Court, and the said judgment became final and conclusive on August 24, 2018.

[2] On July 3, 2018, the Defendant: (a) around 20:0 on July 3, 2018, at the 10 water Dong C of the Seoul detention center, the Defendant used the same room in Pyeongtaek-si; and (b) during the dispute with the victim D (56) who is not good to use the same room in Pyeongtaek-si; and (c) inflicted an injury on the victim of the defect that the injured person intends to report, in the order of both sides of the bridge, and caused the injury on the number of days of treatment by shouldering it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, D, F, and G;

1. Investigation report (Binding pictures, photographs, etc. of victims);

1. A report on investigation, file of records of obligations, and records of obligations;

1. Previous conviction: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act: Provided, That the punishment shall be determined by comprehensively taking into account the factors of sentencing, including the background leading up to the occurrence of the crime, the contents and means of the crime, the degree of damage, the victim expressed his intention not to punish, the age, sexual conduct, and the record of the crime, etc.

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