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(영문) 춘천지방법원 속초지원 2019.07.25 2018고합48
강간상해등
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

On January 7, 2018, the Defendant, at early 02:00, placed the victim’s left hand, who was installed in the studio, to come out of the studio (5 years old) of C entertainment tavern No. 1 studio in Seocho-si, Seocho-si, and forced to put the victim into a toilet installed in the studio, and caused injury to the victim, such as divers, divers, bras, and brasium, for about three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Article 257(1) of the Criminal Act regarding the crime under the relevant criminal facts [In a case where a court recognizes a criminal facts which are included in the criminal facts charged, within the scope recognized as identical to the facts charged, and where it is deemed that there is no concern over causing substantial disadvantages to the defendant’s exercise of his/her right to defense in light of the progress of trial, it may, ex officio, recognize the facts charged (see, e.g., Supreme Court Decision 97Do1889, Nov. 14, 197) other than the facts charged as stated in the indictment, even though the indictment has not been modified (see, e.g., Supreme Court Decision 97Do1889, Nov. 14, 1997). Since the criminal facts of bodily injury caused by indecent act as stated in the indictment of this case include the crime of injury, even if

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [category 1] and there is no general injury [specific person] (the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation field and recommendation range], April through June of imprisonment.

3. Determination of sentence:

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