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(영문) 제주지방법원 2014.10.10 2014고단1120

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

From the end of February 2014, the Defendant had livedd with the victim C for about four months from the end of February 2014.

1. On April 26, 2014, at around 03:00 on April 26, 2014, the Defendant committed a crime with the victim living together with the victim in Jeju-si, and at the vicinity of the day, the victim went home to the defendant and his/her subsequent music while drinking with him/her, and first returned to the defendant, and then he/she opened the door of the above residence and changed the password of the locking device. The Defendant saw the head of the victim's head, which is an object dangerous to the victim in front of the victim and the victim, and caused the injury, such as damage to the head of the part of the locking that requires approximately two weeks medical treatment.

2. The Defendant committed the crime of June 22, 2014, on the grounds that, around 03:00 on June 22, 2014, the victim was aware of his/her own respect while drinking alcohol together with the places described in paragraph (1), and with his/her sons and the victim, he/she sustained injury on the number of days of treatment by using a knife, which is a dangerous object in the kitchen, and by using the victim’s eye in the body of the victim, the victim’s knife and the knife part from the body of the body of the victim, while continuing to escape from the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to medical certificates and photographs of damaged parts;

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

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 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: Terms and conditions of sentencing under Article 51 of the Criminal Act, as stated in the grounds for sentencing under Article 62(1) of the Criminal Act.