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(영문) 제주지방법원 2015.02.05 2014고단1007
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

At around 21:30 on February 14, 2014, the Defendant, on the ground that, on the grounds of the Defendant’s residential end located in Jeju City, dogb (43 cm in length) and flabs (the total length) were flabs, which are dangerous things inside the house, and the Defendant flabed off the part of the Victim E, on the ground that the Defendant continued to stop the Victim E (43 years old).

As above, the Defendant carried dangerous objects with the victims, and caused the victims D to receive approximately six weeks of medical treatment, such as “salvone salvone salvone,” etc., and the victims E to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, F, and G;

1. Each prosecutor's protocol of examination of the accused and D concerning the accused and D (including the part concerning the statement of questioning);

1. Each police statement of the E, D, H, and F;

1. Application of Acts and subordinate statutes to each photograph and each injury diagnosis report;

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. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Recommendations and sentence scope [the group of violent crimes, special injury, type 1, basic area: imprisonment with prison labor for 2 years - 4 years] on the grounds of sentencing in accordance with the sentencing guidelines under Articles 53 and 55(1)3 (i) of the Criminal Act, and the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. favorable circumstances have been caused by the act of putting the victim D into the inside of the defendant's residence under the influence of alcohol, and ordinary circumstances that are disadvantageous to the fact that the victim D was committed in the course of mutual violence with the victim D: A crime of harming two victims with a view to dangerous articles; and the degree of the victim D's injury cannot be said to be less narrowly.

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