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(영문) 창원지방법원 2015.07.21 2015고단1368
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

Criminal facts

1. Around 06:00 on April 8, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) reported that the victim D (Inn, 39 years of age) of the nine floors of the Seongdong-gu Sung-si building in Changwon-si was drinking alcohol with male customers at the fourth room, and that the Defendant’s pets were drinking alcohol with male customers at the fourth room, and assaulted the victim by gathering three main disease and one remaining knife, a dangerous object.

2. The Defendant causing property damage: (a) the date, place, and on the grounds specified in paragraph (1) and on the grounds specified in paragraph (1), destroyed a beer 1 string equivalent to KRW 31,00,00 in the market value owned by the victim; and (b) laid down one string of Samsung Galtho City 5 smartphones owned by the victim on the floor; and (c) damaged the repair cost to the extent that the amount equivalent to KRW 130,00 in repair cost

3. The Defendant committed an indecent act by compulsion by force by inserting the victim’s panty and inserting two fingers into the victim’s sound book, on the ground that the Defendant inspected whether the victim’s sperm was emitted from the victim’s sperm at the time, place, and at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. On-site reports;

1. Report on investigation (verification of estimated damage);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act [the violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act), Article 366 of the Criminal Act, Article 298 of the Criminal Act;

1. Selection of each imprisonment with prison labor (the crime of causing property damage and indecent act by compulsion);

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 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture and the first crime (compactative punishment) committed by violence.

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