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(영문) 제주지방법원 2015.08.21 2015고단887
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years 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

피고인은 중국 국적의 불법체류자인 바, 모바일 채팅 어플리케이션인 ‘큐큐’에서 피해자 C(32세, 조선족 출신 귀화 한국인)과 욕설 문제로 말다툼하다가 화가 나 직접 만나서 담판을 짓기로 하였다.

On June 18, 2015, around 22:20, the Defendant discovered the victim waiting for the Defendant in front of the “Enaart” located in Jeju City D, and added the kitchen knife (30 cm in total length, 19 cm in knife length) to the kitchen knife hand, and added the victim once every time to the victim, and caused the victim to be 10 cm in length and about 3 cm in length (10 cm in length, 5 cm in depth).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of related Acts and subordinate statutes to photographs;

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 sentencing guidelines under Article 48 (1) 1 of the Criminal Act for the reasons of sentencing are as follows: The range of sentencing [the range of sentencing guidelines for the crime of violence, habitual injury, repeated crime, special injury by special injury (the first type, special injury by repeated injury), the first class (the first class), two to four years and four years] and the following circumstances are considered: The facts of the crime are recognized and reflectd; the victim does not want the punishment against the defendant; the victim does not want the punishment against the defendant; the victim desires the defendant; the victim has no record of criminal punishment in the Republic of Korea; the victim has no record of criminal punishment; the victim has planned and has high risk of committing the crime by preparing a knife for the crime and leaving the victim to the place of the crime; the motive and circumstances leading to the crime of this case; the circumstances before and after the crime of this case; the defendant'

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