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(영문) 제주지방법원 2014.05.21 2014고단342

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 16:30 on February 21, 2014, the Defendant: (a) stated that “A building 301, the victim D(32 years of age), and the victim E(30 years of age) are drinking together; (b) without any other reasons, the Defendant: (c) took a bath to the victim E, “each shall be immediately cut off, spaced, spaced, and spaced from the victim D; (d) spaced, the part of the victim’s face is cut off once; (e) spaced, the part of the victim’s face, which is a dangerous object located at the same time, was cut back to the above part of the victim’s bridge, and (e) continued to cut off the part of the victim’s face to the victim’s face with the victim’s face requiring treatment, and (e) continued to cut off the part of the victim’s face to the victim’s face to the victim E and the part of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (medical certificates and photographs attached);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] Where the mitigation area (1 year and six months to two years and six months), mitigation area (including specially mitigated persons), non-conformity with punishment (including serious efforts to recover damage), or considerable damage has been restored (the scope of final sentence due to the aggravation of multiple offenses) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) (1 year and six months to three years and nine months;

2. The same crime has been committed during the period of suspended sentence;