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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
[2018 Godan952] On May 22, 2018, the Defendant: (a) at the main point of “C” located in Pyeongtaek-si B on May 22, 2018, when the victim D (n, 45 years of age) singing out and singing out the victim’s shoulder; (b) however, the victim sing out the victim’s ice, which is a dangerous object on a ppuri table, was sing off the ice, and then ice ice sing out on the table, was sing out to the victim’s face, thereby causing injury to the victim, such as open two ices requiring approximately two weeks medical treatment.
[2018 Godan1868] On May 22, 2018, the Defendant, at the main point of “C” located in Pyeongtaek-si B on May 22, 2018, reported that the victim D (n, 45 years of age) singing out, she committed an indecent act by force against the victim by putting his/her hands on the victim’s shoulder, and by putting him/her out his/her humping with his/her hands.
Summary of Evidence
[2018 Highest952]
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each report on investigation;
1. A written diagnosis of injury (2018 Highest 1868);
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime, Article 298 of the Criminal Act, the choice of imprisonment with labor;
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. Article 62-2 (1) of the Criminal Act regarding community service order;
1. The sentencing guidelines of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the course is four months to one year and six months (in cases where punishment is not imposed). The sentencing guidelines of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is to be taken into account in the sentencing of two instances: (a) the Defendant’s mistake is divided and contradictory; and (b) the victim is not subject
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