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(영문) 제주지방법원 2015.01.29 2014고단1620
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On August 15, 2014, the Defendant: (a) around 01:20, around 01:20, at the main point of “E” operated by the victim D (n, 46 years old); (b) on the ground that the victim was not able to properly contact the customer, the Defendant saw the patient, who is a dangerous thing on the table, and was faced with the victim’s face; and (c) carried the victim’s right-hand arms for approximately two weeks, and carried out an internal sprinking room for the victim to undergo approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a criminal investigation report (eight pages of evidence records), each photograph, and each medical certificate;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (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: The defense counsel's assertion about the defense counsel's argument as to Article 62 (1) of the Criminal Act (the following sentencing conditions under Article 51 of the Criminal Act as stated in the grounds for sentencing), asserts that the defendant was in a state of mental disorder by drinking even after being drunk at the time of the crime of this case while the defendant was suffering from a climatic for alcohol use.

According to the aforementioned evidence, even though the Defendant was under alcohol at the time of committing the instant crime, and had been hospitalized due to the existence of alcohol use, etc. prior to the occurrence of the instant crime, in light of the background leading up to the instant crime, the method of the crime, the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the Defendant had a lack of ability to discern things or make decisions due to the state of alcohol at the time of committing

The reasons for sentencing are as follows: The range of recommendations, sentences [the scope of punishment for violence crime group, special injury, type 1, mitigation area (the area of special mitigation: the area of punishment: imprisonment with prison labor for a year and June - 2 years] and the following circumstances. The favorable circumstances are reflected in recognizing crimes.

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