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(영문) 제주지방법원 2014.06.27 2014고단558
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

(2) On February 13, 2014, the Defendant was sentenced to imprisonment with prison labor for two years, for violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), three years of probation and two years of probation, and the community service order 200 hours and the judgment became final and conclusive on February 21, 2014.

【Criminal Facts】

At around 23:30 on January 17, 2014, the Defendant, while talking about the Defendant, who was on a road with the victim E (the age of 29) prior to entering the said main point, talked about the vehicle traffic problem between the Defendant and the victim who was on a road before entering the said main point, carried out an injury to the victim, such as two-day open main points where the victim needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of the relevant photographs and diagnostic reports Acts and subordinate statutes;

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. Handling concurrent crimes: In light of the reasons for sentencing (the crime at the time of sale is concurrent crimes with the crime of violating the Punishment of Violences, etc. Act in which judgment became final and conclusive) under the latter part of Articles 37 and 39(1) of the Criminal Act (the crime at the time of sale is concurrent crimes with the crime of violating the Punishment of Violences, etc. Act in which judgment becomes final and conclusive) and the following circumstances, the sentencing guidelines not shall be applied. Recognizing favorable circumstances: the facts of the crime are recognized; and circumstances unfavorable to the victim without any injury inflicted on the victim: In light of the details of the specific crime (the head is judged to have been at risk of causing a serious injury to the victim due to the beer disease) and the circumstances of the crime (the name of the crime in this case before the judgment of the appellate court after being sentenced to a suspended sentence for the same type of crime).

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