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(영문) 제주지방법원 2015.12.17 2015고단1030
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Victim C(n, 65 years of age) is the mother of the defendant.

On July 24, 2015, the Defendant: (a) thought that the Defendant, the husband of the victim at ordinary times, was not a member of the Defendant, made a statement that the Defendant was guilty of the real estate from the Defendant; (b) found at the victim’s house located in D at Jeju-si on July 24, 2015, while drunk, the Defendant prepared to the victim at his inside and outside, that “I would die from the start,” and used the victim’s head part as a dangerous object in advance (the total length of 25 cm, 12 cm in the blade length) and brought the victim’s head part of the victim at one time and knife the victim’s finger, and had the victim’s head and knife in the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification as to whether to treat the victim's hospital);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing damaged parts and excessive 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than one year and not less than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Bodily Injury) of each type of determined violence;

(b) Special supporters: No person shall be punished;

(c) Scope of decision-making and recommendation: Reduction area, imprisonment of one year and half years to two years and six months; and

3. Circumstances that are disadvantageous to the decision of sentence: although under the influence of alcohol, a case involving the bodily injury of the victim with a deadly weapon is serious, and the risk of the crime is significant.

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