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(영문) 부산지방법원 동부지원 2018.09.04 2018고합53
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Each of the facts charged in this case.

Reasons

Punishment of the crime

around 18:00 on September 7, 2017, the Defendant suspected of the relationship between the victim D (n, 44 years of age) and the Defendant’s elementary school alumni E, and was faced with trial expenses by the victim, on the ground that the fire was caused, at two times on the floor of the Defendant’s hand, on the ground that the fire was caused.

As a result, the Defendant inflicted injury on the victim, such as cutting a peltos, which requires treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area of the first type (decision on the area of recommendation] (decision on the area of recommendation] of the general injury caused by violence, from April to June of the term of imprisonment.

3. The crime of this case, on the ground that the Defendant was in fired, resulting in the victim’s bodily injury, such as a thring of the body part of the victim, by twice the inside part of the floor of hand, and the Defendant’s responsibility is not somewhat weak in light of the circumstances of the crime or the degree of damage.

The Defendant was unable to receive a letter from the injured party, and no effort was made to recover the damage.

The defendant has a history of violence above the probation, and there is also a history of the same kind of fine.

These points are disadvantageous to the defendant.

The Defendant recognized and reflected the instant crime.

These points are favorable to the defendant.

In addition, the defendant's age, sex, occupation, family relationship, motive to commit a crime, means and result, circumstances after committing a crime, etc. shall be determined as ordered in consideration of various conditions of sentencing.

The acquittal portion

1. Facts charged;

A. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) Defendant D following the introduction of the victim to an elementary school in May 2017.

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