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(영문) 전주지방법원 군산지원 2018.08.31 2018고단860
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant met the Victim C (53) around February 2, 2017, and runs from that time to that time, as a relationship with the annual.

On July 14, 2018, at the defendant's house located in Yasan-si D around 17:24, the defendant, after completing a sexual intercourse with the victim, raised complaints against the victim's other women and the wind, and tried to grow the victim's sexual organ at a home (26cm in total length, 10cm in length) which is a dangerous object in the victim's diving between the victims, but the victim tried to grow the victim's sexual organ at home (10cm in length, 26cm in length, 10cm in length). However, the victim's sexual organ cannot be cut and the treatment days of the victim's sexual organ cannot be known because the upper end does not cut well, and the victim's a pipe scrashed with the victim's a scre in order to cut the body of the victim's shouldered by the defendant, and after the victim's inner part of the victim's fingered with his hand, she opened the victim's upper end to 3cm in length, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of opinion;

1. Application of Chapter IV Acts and subordinate statutes to photographs, such as damaged parts;

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

1. The crime of sentencing under Article 62(1) of the Act on the Suspension of Execution is recognized and reflected, the primary crime is the first offender, the victim does not want the punishment of the defendant by agreement with the victim, the fact that the defendant first reported in 112 in favor of the defendant after the crime is committed, and the method of the crime of this case, the degree of injury suffered by the victim, in particular, the degree of injury suffered by the victim, etc., may lead to a large amount of accident of human life.

Considering the age, sex, family relationship, motive, etc. of the defendant under circumstances that are disadvantageous to the substantial illegality;

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