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(영문) 제주지방법원 2017.03.24 2016고단2923
특수상해
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

At around 23:45 on September 18, 2016, the Defendant observed the victim E (42 tax) who had a mixed drinking in the room where the Defendant’s daily drinking of the Defendant performed the same with the club fee in Jeju Island, and told the Defendant, but the Defendant tolded the victim to do so, on the ground of an empty beer who was a dangerous object on the table where the victim does not hear the horses, and was sexually abused the victim’s head by making the victim her head one time after having her head fluencing the victim fluence on the table where the victim does not hear the horses.

As a result, the defendant carried dangerous things and carried them with the victim's body that could not know the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a record paper), investigation report (Attachment of a photograph of damaged body of the injured party);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service and Criminal Act, the attitude of the instant crime for sentencing is deemed to be a bad and not agreed with the victim that may cause a serious risk to the life or body of the victim. On the following day of the instant crime, search for the victim from the following day of the instant crime, and assault the victim again, and thereby, the victim was punished by a fine (see, e.g., Supreme Court Decision 2016 High Court Decision 8631).

However, there is a reason to consider the motive that the defendant recognized the crime, the dispute between the victim and the defendant's daily conduct was caused to the crime of this case, and there is no less punishment for the same crime, and the defendant's age, sex, environment, circumstances, circumstances after the crime, etc. as shown in the arguments of this case shall be determined as ordered in consideration of various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime.

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