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(영문) 춘천지방법원 2017.09.13 2017고단574
상해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

On April 13, 2017, at around 01:30, the Defendant: (a) attempted to engage in a sexual intercourse with the victim D while drinking alcohol together with the Defendant’s residence; (b) attempted to engage in a sexual intercourse with the victim while drinking alcohol; (c) but, as the victim refused to engage in such sexual intercourse, the victim could have been able to receive approximately two weeks of the face of the victim due to drinking, and suffered injury, such as an external ex-antee transfusion, grhydye, and gyke around the snow.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made in D in a protocol concerning the examination of the police officers against the accused;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes of a medical certificate, four copies of the relevant photograph (No. 6 times a net), record;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the degree of assault by the defendant for the reason of sentencing of the provisional payment order is not somewhat weak, and that the defendant committed the instant crime without being aware of the fact that he/she committed the instant crime (the defendant committed the instant crime against women during the period of probation even in 2014, and was first punished by a fine), and that there are many records of having been punished as violent crimes against the defendant, etc. are elements of sentencing unfavorable to the defendant.

However, the sentencing factors favorable to the defendant include the fact that the defendant seems to have recognized the crime of this case and reflect against the defendant, the fact that the injured person is seeking the preference of the defendant due to an agreement with the victim, and the degree of the injured person's injury requires two-day medical treatment, etc., shall be considered as the sentencing factors favorable to the defendant. In addition, by taking into account all other circumstances, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as set forth in the arguments of this case shall be determined as ordered.

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