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(영문) 제주지방법원 2015.08.19 2015고단825

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 20:50 on March 28, 2015, the Defendant sustained the victim's bodily injury, i.e., the victim D (the age of 49) who was in the vicinity of the Western City C, due to the victim's failure to receive wages from the above office, and thus, he was under the influence of alcohol, and thus, he saw approximately 7cm in the above office (7cm in daily length) which is a dangerous thing that he was found in the above office, caused the victim's bodily injury with the victim's breath, booming the breath of the victim's body, and pushed the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (or a criminal investigation district);

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

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

1. The following factors are considered in light of the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act: The following factors: The following factors are considered: (a) the fact of the instant crime was committed; (b) the Defendant committed the instant crime in the course of not receiving any wage from the victim; (c) the victim was committed; (d) the victim was not injured; (d) the victim was not injured; (e) the victim was not injured; (e) the record of punishment was not good in light of the method and method of the crime; (e) the victim was punished for several violent crimes (five times of fine, suspension of the execution of imprisonment); (e) the Defendant’s age, character, conduct, health conditions, etc. was not received from the victim; and (e) the Defendant was committed the instant crime; and (e) the victim was not injured; and (e) the victim was not injured; and (e) the period of punishment was not received from the victim: