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(영문) 울산지방법원 2017.02.08 2016고단4247
상해등
Text

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

Reasons

Punishment of the crime

On October 2, 2015, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) in the Gwangju District Court’s Branch Support on October 2, 2015, and completed the execution of the sentence on November 25, 2015.

1. On August 23, 2016, at around 00:30 on August 23, 2016, the Defendant intruded into a structure by entering it into the structure, in order to see the appearance of women in front of D's toilets located in Heung-gu Seoul Metropolitan City, Chungcheongnam-gu.

2. In around 01:20 on August 23, 2016, the injured Defendant: (a) reported the above act by the Defendant’s person; and (b) carried the Defendant’s right chest of the Victim E, which was the Defendant’s removal of the said act, and (c) sustained the Defendant’s injury, such as the right joint wall, the skin string, etc., that requires treatment for up to 31 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each photograph;

1. A written diagnosis of injury;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 319 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant was sentenced to imprisonment with prison labor for one year from the Ulsan District Court on October 13, 2016, and the appeal was dismissed on January 19, 2017, on the following grounds: (a) the Defendant was sentenced to imprisonment with prison labor for one year from the Ulsan District Court, on October 13, 2016, for the following reasons: (b) the Defendant was sentenced to imprisonment with prison labor for a violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Punishment of Sexual Crimes; (c) the Defendant was committed during the period of the same type of repeated crime; (d) the repetition of the crime; (e) the risk of recidivism; and (e) the wish to punish the victim

At present, the defendant appealed.

The punishment shall be determined as ordered in consideration of various circumstances, such as the existence of the crime, the circumstances leading to the crime, and the degree of reflectivity.

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