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(영문) 제주지방법원 2014.10.24 2014고단1233

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

On August 8, 2014, the Defendant: (a) around 15:30, at the residence of the victim D (Nam, 51) located in Jeju-si; (b) in the process of telephone conversations with E, the previous Defendant: (c) laid the victim’s hypical phone to the Defendant; (d) laid the victim’s hypical hyp; (b) laid the victim’s hypical hyp; (c) laid the victim’s hypical hyp; and (d) laid the victim’s hypical hypous hyp; and (d) entered the victim’s hypical hyp; and (d) when two parts of the victim’s left hypical hyp that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] The sentence identical to the order shall be imposed in consideration of the above circumstances, the circumstances leading up to the crime, and the defendant's age, etc., such as the following facts: (a) the mitigated area (1 year and six months to six months) of habitual injury, repeated injury, and special injury (1 year and six months); (b) minor injury (a special mitigation) the mitigated area; (c) the injury is relatively minor; (d) the injury is reflective; and (e) the defendant's health is deemed not good; and (e) the injury is not recovered; and (e) there is a history of fine imposed by violence around 198.