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(영문) 수원지방법원 2013.10.31 2011고단2051
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

Around 02:00 on January 20, 201, the Defendant: (a) told “E” restaurant located in G, the wife population D to “E”; (b) committed an indecent act by inserting the victim’s fingers into the body of the victim; and (c) rejected the victim’s desire; (d) her was able to walk the victim’s hair on one occasion; (e) her fingers the victim’s hair, which is a dangerous object in the victim’s hair, her hand booms the victim’s hair; and (e) assaulted the victim by using the means of assaulting the victim’s hair, which is a dangerous object in the victim’s hair, and (e) the victim G (n, 22 years of age), who is the driver of the above F, was a son, by means of assaulting the victim’s body, and having the victim’s body sealed the other main disease, which is a dangerous object in the horse.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol of F and G to each police interrogation protocol;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant is against his/her will, the victim F does not want the punishment of the defendant, and the fact that he/she has been already detained for a considerable period);

1. Article 62 (1) of the Criminal Act (the same reasons as the above) of the suspended execution;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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