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(영문) 제주지방법원 2015.07.09 2015고단628

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] Defendant B was sentenced to a suspended sentence of three years in December 13, 2014 by the Jeju District Court on December 5, 2014 for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) and the said judgment became final and conclusive on December 13, 2014, and is currently under the suspended sentence.

【Criminal Facts】

1. At around 02:30 on November 3, 2014, Defendant A, at the “Eju shop” located on D 2nd floor in Jeju Island, drinked alcohol with the EM, and was subject to assault, such as her son G (years 28) and her scam with the victim attached to the Sicam, etc. in the toilet, and thereafter, Defendant A was subject to assault from the victim with the above victim with the scam attached to the scam, and her scam disease, which is a dangerous object on the scam, was scambling, and her scam was scambling twice the head part of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Defendant B’s act at the time and place indicated in the preceding paragraph refers to the said G, one of which is the victim A(34 years of age) and the one’s conduct and vision attached thereto. However, the victim citing the two-way disease and reported the assaulting of G as above, and the victim saw the victim’s face when taking care of the victim’s face by drinking, the victim saw approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to F and G;

1. Relevant photographs;

1. A report on internal investigation (the relative verification of the owner of the relevant business);

1. CCTV images;

1. A medical certificate;

1. 판시 전과 : 범죄경력조회(B), 수사보고(동종전력 판�분 등 첨부) 법령의 적용

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1)2 of the Criminal Act: Selection of imprisonment under Article 257(1) of the Criminal Act;

1. Concurrent Handling (Defendant B): The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Discretionary mitigation (Defendant A): Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Criminal Act;