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(영문) 제주지방법원 2013.05.10 2013고단261

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

At around 02:50 on February 28, 2013, the Defendant: (a) mark (20cm length) with a deadly weapon located outside the restaurant, and mark (20cm length) with a victim, who gets in a cafeteria, and f, who f, the victim’s life, was unable to be well aware of the victim’s E-(47 years of age) and women G; and (b) f, the victim’s her life, at the same time, went out of the restaurant, was in line with the victim’s marc (20cm length) with a deadly weapon located outside the above restaurant; (c) she flad with a part of the victim’s left part of the restaurant, she flake, bucked at two times below the left part of the victim’s body, and she fladd with the victim’s body body, and flad with the victim’s body body body, and she was in line with the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the protocol of seizure (field), photographs of victims and investigation reports (Evidence List Nos. 7, 13);

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: A punishment shall be imposed as ordered in consideration of all the following circumstances in light of the scope of recommendation, sentence and sentence (in the case of a victim, who is specially under violence crime group, special injury, type 1, mitigation area (in the case of a person under special circumstances: serious injury, special mitigation area) and the following circumstances on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: A punishment shall be imposed in accordance with the order: A reasonable amount (in the case of a victim, who is not subject to punishment, in the case of a victim, in the case of a person under special circumstances; 1.6 years and June - June 2): A reasonable amount (in the case of a crime, in the case of a person under special circumstances: