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(영문) 창원지방법원 2014.07.04 2014고단393
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On September 28, 2013, the Defendant: (a) around 06:00, around 06:00, the victim E (the age 46) who provided alcoholic beverage after drinking alcohol at a singing room 710, which was located in the window C of Changwon-si, refused to engage in sexual intercourse; and (b) caused the victim E (the age 46) to get off the head of the victim with cosmetics of glass materials, which are dangerous goods in the said guest toilet, and caused the victim to take up two open measures requiring treatment for about 8 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes No. 2, 3, 7, and 8 of the evidence list submitted by the prosecutor;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (the following: (a) even though the defendant went to have a sexual intercourse with the victim in singing, the victim had not received money twice or more in return for engaging in sexual traffic; (b) the victim had not received money; and (c) the victim has demanded again to do so; and (d) the crime of this case was committed in an contingent manner; (b) the defendant did not have the same criminal power except a fine of KRW 700,000,000 as a result of an injury in 2010; (c)

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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