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(영문) 대구지방법원 2014.05.22 2014노972
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (as to the attack), the defendant can be found to have received 260,000 won from the drinking victim, as stated in the facts charged, when he/she had sexual intercourse with the victim during his/her living together with the victim and spreads the video taken, as if he/she were to have the video taken.

The judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B. The punishment sentenced by the lower court (limited to eight months of imprisonment, 12 hours of sexual assault treatment programs, and Confiscation) is too unreasonable.

2. Judgment on the prosecutor's assertion

A. The summary of this part of the facts charged reveals that when the victim B was living together with the victim due to frequent assault, etc., the Defendant sent the victim a message with the Internet Ntcom with the Internet Ntcom, using the computer at around 16:06 on June 16, 2013, and sent from around 16:06 on June 16, 2013 to around 15:24:0 on June 22, 2013, the Defendant continued to send the victim a message to the effect that the victim B was "Daman" using the computer at the same time with the victim’s scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scul 20:5:40 on June 2220, 2013.

In this regard, the defendant gets the victim involved in the property.

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