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(영문) 제주지방법원 2016.09.08 2015고단1106
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 02:00 on April 16, 2015, the Defendant was released from “Eju” of the D’s operation that the Defendant was working with the Defendant as an employee, and the Victim F (F, 54 years of age) who was employed by the Defendant, and the said D. The Defendant heard from the victim the phrase “packer, Mara, Mana, Mana” that “p” was “the head of the victim was one time by beer soldiers who were dangerous things on the customer, and inflicted two weeks of the victim’s head and injury on the victim, such as two open wifes in need of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Investigation reports and investigation reports (in relation to the counter-investigation of the shootings), and criminal investigation reports;

1. A report on investigation (attached medical certificates) and a medical certificate;

1. Application of statutes on photographs of damage;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is due to the crime of this case where the defendant was sentenced to the suspension of the execution of imprisonment for the crime of violation of the Punishment of Violences, etc. Act (collective weapon, etc.) on December 28, 2005, and the defendant was sentenced to the suspension of the execution of imprisonment for the crime of this case on the grounds of the method of crime, the nature of the crime is poor in light of the part of the victim, the degree of injury suffered by the victim, such as the victim being under the boom on the day of the injury, etc., and the degree of injury suffered by the victim is not less than that of the victim. Nevertheless, the defendant was unable to use the crime of this case from the victim or failed to reach an agreement, and the victim was trying to recover damage by the victim, such as finding the victim for the compensation of damage. However, the defendant had a record of past 10 years prior to the punishment, other similar cases, age, character and behavior of the defendant, records and circumstances after the crime, etc.

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