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(영문) 부산지방법원 동부지원 2018.05.02 2018고단297
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On November 21, 2017, at the defendant's house located in the window C of Changwon-si around 03:00, the defendant abusedd the victim, on the ground that the victim suffered harm to drinking water and obstructed the defendant's diving, on the part of the victim, while taking a bath for the victim, the victim was able to take the head of the victim on his/her hand and her hand, after going up his/her upper part of his/her ship, and then she tried to take the head of the victim on his/her hand (30 centimeters in length) with his/her face, and tried to take a face.

2. On February 1, 2018, at the guest room where the head of “F” hotel located in Busan Metropolitan Transportation Daegu E, the Defendant: (a) expressed the victim’s desire on the ground that the said victim had telephone conversations with another male; (b) caused the victim to face with the wall, and (c) caused the victim to face with the back of the wall, and (d) caused the victim to face with the wall, and (e) caused the victim to stroke and stroke the victim to face, and (e) caused the injury to the victim, such as dump salt, which requires a treatment for about 14 days on his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 257(1) (a point of bodily injury) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The Defendant, on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, assaulted a weak female on several occasions without any special reason.

There are no circumstances to consider the developments of the instant assault.

It is not against the victim's damage (physical or mental).

The accused has been punished for the same crime (one punishment, one time a suspended execution), and he/she has been punished for the same crime.

In full view of the criminal records and the criminal facts of this case, the defendant's violent tendency seems to be strong.

The victim is also punished by the defendant.

(b) other.

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