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(영문) 제주지방법원 2014.11.07 2014고단1317
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

At around 02:10 on July 29, 2014, the Defendant: (a) reported that the victim E (38 years of age) was locked by drinking and sprinking the body of the victim by drinking and sprinking the body of the victim; (b) destroyed the victim’s face, sprink, and sprinking by gathering an empty beer in the restaurant; and (c) caused the victim’s injury to the face, spack, and the part of the side flick, etc., which are dangerous things, several times, with the victim’s face, flick, and the part of the back flick, etc., which require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The following shall be comprehensively taken into account: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 2 months); (b) the mitigation area (including a person who has been specially mitigated), the mitigation area (including a serious effort to recover damage) or considerable damage recovery (the decision of sentence] the method of criminal punishment is cruel; (c) the agreement with the victim is reached; (d) the same criminal

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