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(영문) 인천지방법원 부천지원 2016.08.17 2016고단822
특수상해등
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On September 12, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of assault in the Vice-Support of the Incheon District Court on September 12, 2014, and the execution of the sentence was completed at the Childbirth Training Correctional Institution on January 9, 2015.

[2016 Highest 822] On April 4, 2016, the Defendant: (a) around 08:40 on April 4, 2016, the victim C (63 tax) in front of the building adjacent to the commercial building of 118 Dong-dong, 123 Han-gu, Han-gu, Seo-gu, 123, Dong-gu, 118, in a manner that the victim walked with the Defendant’s petle without any reason; and (b) caused the victim’s head injury to the number of days of treatment, on the ground of the small-scale disease, which is a dangerous object that the petle was destroyed by the chemical.

[2016 Highest 1556] The Defendant, around 07:00 on May 4, 2016, committed an indecent act by force against the victim E (one’s name, one’s age, 45) (one’s age), who works for this employee, using the arms and head of the victim.

Summary of Evidence

[2016 Highest 822]

1. Statement by the defendant in court;

1. Entry of C’s statement;

1. Previous conviction in judgment: Each description (A) of a reply to inquiry, such as criminal history, and a report on investigation (the confirmation of a crime during the period of repeated crime) (the second sentence 1556);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act, and choice of imprisonment with prison labor concerning the crime of indecent conduct by force

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances favorable to the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: The defendant has already been punished for violence-related crimes several times, and each of the crimes of this case has already been committed by the defendant.

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