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(영문) 부산지방법원 2016.05.18 2015고단3294
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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 March 30, 2015, at around 20:10, the Defendant demanded the victim D (the 25-year old) who is an employee of the Defendant to have sexual intercourse from the victim E (the 63-year old) who is the owner of the business, and subsequently, the Defendant expressed the victim E as “this weather year,” and the victim E as a drinking, took about five times the head of the victim E at around five times, her head into the hands, her head at around five times, her head, and her head, her head, her head, and her head, which is a dangerous object at the main entrance of the State ( approximately one meter in length), and her right part of the victim E, and her victim D has the right part of the victim’s head at one time, and her head was her head at one time, and her head was her head at the port.

Accordingly, the defendant carried a dangerous aluminium machine, and assaulted the victim E and the victim D.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Statement of examination of the witness to the F;

1. Statement made by the police for E;

1. In light of the above evidence, including the consistent victims and F’ statement that the defendant used the victims to assault the victims, the defendant cannot accept the above argument of the defendant on the following grounds: (a) investigation report (field situation, etc.); (b) photo of the victim E, and body photo of each of the upper parts of the body of the victim victim D (the defendant took her hand at the time of the victim D's scam with his hand; (c) however, according to the evidence, including the consistent victims and F's statement that the victims assault the victims with alkinium as stated in the facts of the crime, it can be sufficiently recognized that the victims

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the defendant, as above, with enormous violence against Althanum, which is a dangerous object of victims, and there is no serious reflectiveness.

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