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(영문) 창원지방법원 진주지원 2019.08.29 2019고단332
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around 22:50 on February 7, 2019, the Defendant drinked with the victim D (the age of 53) within the 6 studio of “Cju store” located in Jinju-si B, and brought a dispute with him/her, and the victim scamed by his/her her scam so that he/she scams the victim once scam and scams his/her face of the victim several times as drinking by drinking. On the other hand, the Defendant laid the head of the victim once scam, which is a dangerous object on the table, and continued to gather the victim’s face by drinking.

In the end, the Defendant used dangerous articles to inflict an injury upon the victim with which the number of days of treatment, such as the head, the face, the side, and the blood transfusion from the face of an inception.

At around 20:40 on May 13, 2019, the Defendant: (a) avoided disturbance, such as running under the influence of alcohol on the road in front of the “G” legal entity run by the victim FF (the age of 49) in Jinju-si; (b) made the victim’s sexual organ one time with the victim’s sexual organ attached on his/her hand; (c) laid the victim’s sexual flag one time with the victim’s own seat; and (d) made the victim unfolded with his/her sexual organ on his/her own; and (d) committed an indecent act by force against the victim by putting the victim’s sexual organ one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. One copy of an on-site photograph (a photograph taken by a suspect, such as a DNA face) and an emergency medical service log;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of sound recording files);

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 298 of the Criminal Act concerning the selection of a punishment, and Article 298 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of applicable sentences under law: Six to seven years of imprisonment;

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