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(영문) 대전지방법원 홍성지원 2016.02.19 2015고단1233
상해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a male-child Gu prior to the victim B (V, 31 years of age).

1. On September 12, 2015, at around 02:00, the injured Defendant, at the main point of “D” in the trade name of “D”, was the victim’s male-friendly job offers E and talk, but the injured party, on the part of the victim, reported that he talks with the Defendant and E, and led the victim’s right arms at the above main point, thereby breaking the victim’s right arms, thereby breaking the treatment days.

2. On the same day, the Defendant forced indecent act committed an indecent act by force against the victim by putting the victim’s clothes in front of “G” located in Boh City F, 17:30 on the same day, on the ground that the victim would avoid without drinking himself, and by taking the victim’s fingers who were firing to cover the exposed chest, and by taking the victim’s fingers into teared clothes, and by forcing the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for B and E;

1. Application of statutes on site photographs;

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 298 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment) concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the observation of protection and order to attend lectures and the Punishment, etc. of Sexual Crimes;

1. Type 1 (General Bodily Injury) area (from February to one year) of ordinary bodily injury (the scope of recommending punishment) (the person subject to special mitigation) is not subject to punishment;

2. In the mitigated area (one month to one year) (one year) of the mitigated area (one year from one year) of the crimes of indecent conduct by force (subject to at least 13 years of punishment) based on the general standards for indecent conduct conducted by force (subject to punishment)

3. The scope of final sentence due to the aggravation of multiple offenses: Two months to one year and six months.

4. Determination of sentence;

(a) 8 months of imprisonment and 2 years of suspended execution;

B. The defendant is against the defendant, and the defendant is identical in addition to the fine of this species.

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