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(영문) 제주지방법원 2015.01.22 2014고단1750

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendants are those who worked as “D” staff, and Defendant A is Defendant B’s commercial company.

1. Defendant A, under the influence of alcohol, had the ability to discern things or make decisions. Around September 20, 2014, around September 13, 2014, at the “F cafeteria” located in Jeju-si, Defendant A had drinking together with the victim B (the age of 34). Around September 13, 2014, the victim thought that he had a knife and had a knife in his occupation while getting out of the restaurant, followed the victim’s knife knife knife and knife knife knife knife knife knife knife knife knife knif

2. 피고인 B 피고인은 2014. 9. 13. 20:48경 제주시 G에 있는 ‘H식당’ 앞에서 피해자 A(57세)가 커터칼로 제1항 기재와 같이 자신의 배 부위를 그은 사실에 화가나, 피해자의 다리를 걸어 바닥에 넘어뜨린 후 몸 위에 올라타 주먹으로 피해자의 우측 눈 및 좌측 머리 부위를 수회 때려 피해자에게 치료일수 미상의 안면부 열상(약 12바늘을 꿰맴)을 가하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of the defendant B by the prosecution (including the part on which the defendant A's statement is written);

1. A written statement of I;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B: Article 257(1) of the Criminal Act

1. Legal mitigation (Defendant A): Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act;

1. Discretionary mitigation (Defendant A: Article 53 and Article 55(1)3 of the Criminal Act ( there are grounds for considering the circumstances of the crime)

1. Suspension of execution (the defendants): The reasons for sentencing under Article 62(1) of the Criminal Act (including the following conditions of sentencing under Article 51 of the Criminal Act), together with the following circumstances.