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(영문) 서울중앙지방법원 2014.04.04 2013고단7803
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On August 18, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) taken one screen image of the victim’s bridges using smartphones held by the Defendant while drinking together with the victim DNA (27 years old) who became aware of the Defendant’s residence of Gwanak-gu Seoul Special Metropolitan City Cudio 201 after drinking together with drinking together with drinking together with drinking together with the Defendant’s cudio 201 before drinking together with drinking together with the victim’s cudio under agreement with the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. On August 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) discovered that the aforementioned victim’s smartphone was stored in the Defendant’s smartphone, and committed assault against the victim, such as the victim’s head one time with his/her cellphone, by taking the victim’s scam from the wall by cutting the victim’s knife with his/her knife with his/her knife, while pushing the victim’s knife with the knife with the knife onto the wall. As such, the Defendant used the kitchen, a deadly weapon, which was in the knife of the knife, knife in the knife while cutting the victim’s knife in the knife, knife the victim’s knife.

Accordingly, the defendant, carrying a kitchen, which is a deadly weapon, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment (Use of Cameras and Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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