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(영문) 청주지방법원 영동지원 2015.01.08 2014고단226
폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of three months on May 8, 2014 to imprisonment for a crime of indecent act by force at the Youngju District Court’s Youngdong Branch, and the judgment on October 16 of the same year became final and conclusive, and is currently under suspended sentence.

【Criminal Facts】

On October 20, 2014, at around 12:30, the Defendant: (a) laid in a restaurant in the welfare center for the aged with the aged aged in the 19th 7th Doyang-ro, Yancheon-gun, Yancheon-gun, Yancheon-gun, Yancheon-gun, the Defendant: (b) laid the victim at the welfare center; (c) took the victim’s shoulder by hand; (d) continued to take the victim’s face with his head; and (e) took the victim’s shoulder at the welfare center in the elevator; and (e) took the victim’s door from the victim; and (e) took the victim’s satch, kids the victim’s fat; and

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Explanation of each photograph;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, as stated in the records of criminal records, commits the instant crime even during the current suspension of execution. Nevertheless, the Defendant denies the fact of the crime and does not completely repent of his/her mistake, but the extent of damage to the victim is relatively limited, and the Defendant’s age is determined as the same as the order, taking into account the following factors: (a) the Defendant’s act of denying the fact of the crime

Defendant

The defendant and the defense counsel asserted that the victim's assertion is not guilty due to the lack of assault, so the following circumstances acknowledged as a result of the investigation of evidence duly adopted and investigated by this court, namely, the victim consistently stated that the victim was subject to assault as stated in facts constituting a crime from the time of the police investigation to the time of this court.

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