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(영문) 서울북부지방법원 2013.11.28 2013고단2317
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around September 8, 2013: (a) around 03:09, the Defendant: (b) sent the victim’s sexual relation pictures stored on a mobile phone with the text message “I will know whether I will open to the public and open to the public, I will see whether I will see what you have, and will see, what I will see”; and (c) I will threaten the victim by sending the victim’s sexual relation pictures stored on the mobile phone with the victim’s cell phone.”

2. On September 10, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) requested the victim to sign a letter of statement stating that “I shall return to the victim the other male in advance of advance payment, installment savings, and deposit money for subscription for a house when the other male arrives, I shall return it.” On the other hand, I rejected the request, but put the victim at the second sprink, which requires the victim to take a medical treatment for about three weeks by taking the string, buckbucks, and shoulders of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) and Article 283 (1) of the Criminal Act (the point of intimidation and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflective points, points agreed with the victim, age of the defendant, environment, power of crimes, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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