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(영문) 제주지방법원 2013.10.18 2013고단939

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on September 9, 2012, the Defendant, at his own house located in the kitchen C on September 9, 2012, followed the victim D (the age of 17) who is a woman living in the kitchen, who was living in the kitchen, and was living in the kitchen, with a deadly weapon located in the kitchen kitchen, and 16cc in the inside of the kitchen, was broken off, and then the victim d (the age of 17), who was living in the kitchen, was flick, was flicked with a deadly weapon, and flicked the head part of the victim with a broad side of the kitchen knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D (two times each);

1. Application of Acts and subordinate statutes of photograph, such as seizure records and knife;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 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: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Confiscation: The sentencing guidelines for sentencing under Article 48 (1) 1 of the Criminal Act shall be imposed as ordered in consideration of all the following circumstances: The sentencing range [the scope of recommendation [the scope of punishment for violence crime group, violence crime, Type 6 (Special Violence), the mitigation area (special mitigation area), the revision of the recommended minimum of punishment (one year and two months of imprisonment) by the lower limit of the punishment in June] and the following circumstances. The favorable circumstances are recognized and reflected: The facts of crime are recognized and reflected; the victim expressed his intention not to punish immediately after the case; the victim expressed his intention not to punish the defendant; the victim expressed his intention not to punish the defendant; the victim expressed his intention to the defendant without the same kind of criminal records; other circumstances unfavorable to the defendant: It is so decided as per Disposition on the grounds of the motive of crime, relationship with the victim, the defendant's age, occupation, family relations, etc.