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(영문) 대구지방법원 2019.01.10 2018고단3554
특수폭행등
Text

A defendant shall be punished by imprisonment for six 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

around 2015, the Defendant came to know of the Victim D(13) who was a student while working as a lecturer of C Private Teaching Institutes in Daegu Northern District, Daegu Northern District, and became aware of the victim E(13 years old), victim F(13 years old), victim G(13 years old), victim H(13 years old), victim I(13 years old), victim J(13 years old), victim J(13 years old), victim K(13 years old), and victim K(13 years old).

At around 12:00, the Defendant assaulted victims 49 times in total, as shown in the list of crimes, from the time on March 2018, 2018, from around 12:00, on the rooftop of the Daegu Northern-gu L Building, the victim E does not engage in any work to cause him/her to do so, making it difficult for him/her to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, G, H, D, I, J, K, and M;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on internal investigation reports (limited to the attachment of dup photographs which are evidential materials);

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines for offenses of category 1, 2, and 3 (Scope of recommendations) and the scope of final sentences due to the aggravation of multiple offenses committed by the victims who are vulnerable to the crimes of category 6 (Cumulative Offense, Special Violence), the area of aggravation (6-2 months and 4 months): June to April 10;

2. Circumstances disadvantageous to the decision of sentence: The defendant was given a single salary twice on the grounds that it is difficult to understand the age victims who were merely a middle school student he/she served, and the object, method, and method of committing the crime.

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