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(영문) 제주지방법원 2014.06.03 2014고단434
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim C(70) is the kind of the defendant's friendly life, the victim D(70 years of age) is the spouse of C, and the victim D(70 years of age) is the defendant's convict. On January 6, 2014, when the victim's husband and wife living in adjoining land was dissatisfied with the victim's complaint that the victim's husband and wife did not know to himself/herself about his/her usual life, the defendant continued to use C's "F convenience points" for the treatment of the dangerous weapons from his/her wife G and D at the center of the defendant's home located in the neighborhood, and the victim D(70 years of age) was the victim's convict, and the victim D(70 years of age) was the victim's convict. On the other hand, the defendant was able to get informed of the harm caused to C, such as "the knished knife and the knife knife k's free loss," and continued to use C's tear.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to seizure records, relevant photographs, investigation reports (in the absence of a medical certificate and submission of a written agreement);

1. Relevant legal provisions concerning criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1) and 3 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on carrying a dangerous weapon);

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: 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: Recommendations, sentences and scope of sentence on the grounds of sentencing in Article 48(1)1 of the Criminal Act (the grounds of sentencing) [the scope of sentence [the group of violent crimes, special injury, Type 1, the area of mitigation (the area of special mitigation (the area of mitigation)] and imprisonment 1 and June - 2 years and six months] and the following circumstances.

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