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(영문) 수원지방법원 2016.11.24 2016고정1682
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 24, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Sungwon District Court's Sungnam branch, and the judgment became final and conclusive on April 9, 2015.

On December 2014, the Defendant: (a) committed assault on five occasions on the part of the victim, from January 2015, 2015, on the ground that the victim C (the victim 22 years of age, south) was sleeped due to the fact that the victim C (the victim she was slicked) was slicked at the 7th floor of the water supply detention house operated in Suwon-si, Suwon-si, Suwon-si, which was located in 176, on the last day of December 2014; and (b) assaulted the victim on five occasions from that time.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to C, D, E, and F;

1. Each written self-statement;

1. Investigation report (Submission of confinement room, history inquiry);

1. Previous convictions in judgment: Confirmation of the facts and results of the disposition, reporting, and application of the Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The crime of this case under Article 59(1) of the suspended sentence is a case in which the victim cannot institute a prosecution against the clearly expressed will of the victim. The victim agreed with the investigative agency on April 26, 2016 and called that the punishment of the defendant is not to be applied. The defendant demanded 1 million won as the agreed amount to the investigative agency, and when the victim transferred the agreed amount to the investigative agency, he/she directly sent it to the investigation agency, and submitted the data transferred from the denied account to April 25, 2016. The victim did not contact with the investigative agency and this court, but the victim did not submit a written agreement.

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