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(영문) 제주지방법원 2015.02.06 2014고단1777
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 22, 2014, the Defendant: (a) around 20:30, at the C Hospital “C Hospital” located in Jeju-si, Jeju-si, where hospitalized treatment was conducted on November 22, 2014; (b) was unable to avoid disturbance under the influence of alcohol; (c) was instructed by the head of the above hospital and the head of the facility and the head of the victim D (year 41) to discharge the victim; (d) the Defendant assaulted the victim when the victim’s body was able to undergo a fluence of about 120cm in length, which is about 120cm in length.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (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: The reasons for sentencing are as follows: Recommendations, sentences (the group of violent crimes, assault crimes, types 6 (special assault), types 6 (special assault), 6 months - January 10) on the sentencing guidelines (the period of sentence under Article 51 of the Criminal Act as stated in the reasons for sentencing) and the reasons for sentencing (the period of sentence shall be determined as stated in the order, taking into account all the following circumstances into account: The favorable circumstances: recognition of the facts of crime and seriously reflects the fact; the circumstances that there are no criminal records of the same suspended sentence or more for the same reason since 1987 are disadvantageous to the fact that there is no criminal records of the same kind of crime: In light of the criminal intent and location of the crime (the crime of injury on June 7, 2012, a fine of one million won, etc.): the motive of the crime, the health of the defendant (the period of non-finite, alcohol existence), and economic conditions (the recipient of basic living benefits).

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