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(영문) 제주지방법원 2015.11.26 2015고단1007

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

Reasons

Punishment of the crime

At around 01:00 on May 7, 2015, the Defendant carried out drinking in order to comply with the victim D (at the age of 61) who entered the same church with talking about another person who attends the same church.

The Defendant heard the victim’s words “I have ever been ever. I am. I am. I would like to see the other’s private life. I would like to her old age. I would like to her old age. I would her her fly her fly her her fher her fher fher fher fher fher her fher fher fher fher fher fher fher fher fher fher fher fher fher fher fher fher fher fher fher fher

As a result, the defendant carried dangerous objects and put the right side of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considered for discretionary mitigation);

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1 (A habitually Injury, Bodily Injury, Bodily Injury or Special Bodily Injury) of the same Article;

(b) Special discretionary factors: No penalty shall be imposed;

(c) The scope of the recommended field and the scope of the recommended sentence: Reduction field, imprisonment for not less than one year and six months but not more than two years and six months;

2. In light of the circumstances, such as the nature and risk of the crime subject to the determination of sentence, the fact that an agreement has been made with the victim, the Defendant did not have a criminal record, in addition to punishment for minor fines once a long time, and the fact that the Defendant recognized the facts of the crime and reflects the wrong facts, it is ordered as ordered through discretionary mitigation.