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(영문) 제주지방법원 2015.02.06 2014고단1731
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year 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

On November 4, 2014, the Defendant: (a) 22:40 on the street in front of the “Dju store” located in Jeju-do; (b) when the Defendant was disputing with the male male and female son E (the age of 42) and went to the above main shop, and came to go beyond the floor with the victim refusing to take it; (c) the Defendant took a kitchen knife, which is a deadly weapon, in the main room of the above main shop; and (d) put the part of the victim’s left buckbuck, which is a deadly weapon, into the part of the left buckbuck, in which the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The scope of recommendation and sentence (a special injury, type 1, mitigation area (special mitigation area), imprisonment one year and June - 2 years and six months) on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act and the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. favorable circumstances: recognition of and reflects on the facts of the crime; furthermore, the victim agreed with the victim that the victim is attempting to dismiss the Defendant: The case is not easy in light of the previous type of crime: the injury crime on February 14, 2013; the probation period of one year and six months; and the community service order of one year and 80 hours): It is decided as per the disposition on the grounds of the motive of the crime, relationship with the victim, and circumstances after the crime.

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