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(영문) 부산지방법원 2020.12.21 2020고단2645
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 57 years of age) and the victim from February 2020.

1. From around 20:20 on May 30, 2020 to around 21:00 on the same day, the Defendant suspected of having sexual intercourse with the victim at the residence of the victim located in Busan Jin-gu C, Busan on May 30, 202, the Defendant sent the victim his face to the victim by hand, and even walking the body of the victim several times by walking the body of the victim, and caused the victim to the unclaimed face in the number of days of treatment.

2. From June 1, 2020 to June 1, 2020, the Defendant: (a) from around 19:00 on June 1, 2020 to around 06:0 on the following day, at the same place as Paragraph (1) above; (b) from around 06:0 on the same day, the Defendant took care of the victim’s face with his hand for the same reason; (c) took time off the victim’s body from drinking to drinking; and (d) taken a hand back the victim’s body from drinking to drinking; and (d) took care of the victim’s body for about 22 days, she took care of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of Acts and subordinate statutes of the body of injury photograph, and written diagnosis of injury;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for a suspended sentence under Article 62(1) of the Criminal Act is that the crime is not good in light of the motive, circumstance, victim, and degree of damage of the instant crime;

However, in consideration of the fact that the defendant seriously reflects the defendant, there is no significant penalty ability exceeding the fine, and that the victim agreed smoothly with the victim, etc., the punishment shall be taken once more, but the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as the same as the order.

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