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(영문) 수원지방법원 성남지원 2016.12.09 2016고단3092
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is between the victim C (nives, 80 years of age) and the victim from July 2015 to his or her leader with his or her knowledge.

1. On September 3, 2016, the Defendant: (a) around 16:00 on September 3, 2016, the Defendant: (b) committed assault against the victim, who loved himself in Jongno-gu Seoul D Prize at the fifth floor recording room, frightened with the president of the said recording room; (c) led the victim, who was seated in the recording room by hand, to his hand, led the victim to a frighted, and assaulted the victim.

2. On September 10, 2016, the Defendant, at around 20:30 on September 10, 2016, talked with the victim at the event in front of the F Park located in Yangcheon-gu Seoul, Seoul, and prevented the victim from getting out of office due to the victim’s own losses, and then, the victim gets out of the victim’s view in the place of detention, and buckbucks only caused the victim’s chest and bucks to commit indecent acts by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) 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;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on Probation;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The range of final sentence due to multiple aggravated crimes for which no basic area (6 to two years) exists on the first category (6 to two years) of the first type of the crime of indecent act by compulsion (subject to the age of 13) and the first class (subject to the age of 13) of the sentencing guidelines [the scope of recommending punishment] of the second category of the crime of assault and the basic area (including general violence between February and October) of the first type of the crime of assault and the second class [the scope of recommending punishment] of the second class of the crime of assault and the basic area (including special violence between February and October): Six months to February 25 months;

2. The crime of this case by which the sentence of sentence was rendered is likely to be committed by assaulting and committing an indecent act against the victim who was unilaterally good for the defendant.

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