beta
(영문) 제주지방법원 2014.11.28 2014고단1192

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 11, 2014, the Defendant, at Jeju Island 2-38-11, 18:10, at the beaches located in Jeju Island 2-Do, Jeju Island 38-11, and at the same time, had a horse dispute with the victim with the age of fishing of the victim C (the age of 56) who had been engaged in fishing on the preceding day. The Defendant, upon receiving the request from the victim, had the victim go beyond the time when he/she takes the face of the victim due to death, drinking, and drinking, has taken the head of the victim with the total head of the head of the head ( approximately 27 cm in length, approximately 14 cm in length on the date of Hoak, about 14 cm in length) which is a dangerous object located therein, and had the victim's head, spons, arms, arms, and leg during the period of large tree fishing, had the victim faced two weeks in need of open medical treatment, and had the victim suffered two weeks of injury.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : The sentence identical to the disposition shall be imposed in consideration of the above circumstances, circumstances, circumstances leading to the crime, and the age of the defendant, etc., such as the following: There is no history of having been sentenced to a punishment heavier than the suspension of execution [decision of sentence] in favor of the basic area (two to four years] of the type (two-four years) of habitual injury, repeated injury, and special injury [a person who has been habitually injured, repeated crime, and special injury] [a person who has been sentenced]; there is no history of being sentenced to a punishment heavier than the suspension of execution; and there is no previous conviction after 20