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(영문) 제주지방법원 2016.06.02 2015고단1438
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 10, 2015, the Defendant called the victim C (53 Doh) this Defendant and demanded the Defendant to return the money received from the victim’s wife D, and the Defendant had a verbal dispute with the victim, but did so at the Friart parking lot in the victim’s Jeju city E.

was made.

At around 09:30 on the same day, the Defendant discovered the victim at the above Friart parking lot, prepared in advance for the head of the Defendant’s passenger car operation, and brought the victim at one time, with about 75 cm away from the camping room (a total length of 75 cm) which is a dangerous object, and led the victim to be sprinked by a face side of about 2 weeks in need of treatment.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the police with regard to C or D;

1. A medical certificate;

1. Investigation reports (as to attachment of photographs by camping nets), application of Acts and subordinate statutes of photographic materials;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The defendant and his defense counsel's assertion as to Article 62 (1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as "the grounds for sentencing") and the defendant's defense counsel's assertion that the defendant at the time of the instant case, at the time of the instant case, was able to boom the victim's body with the victim who gets out of the view of the view of the view of the view that there was no fact that the victim caused the above view of the view.

However, the circumstances acknowledged by the evidence adopted and examined by this court, namely, the victim and witness DNA, were consistent from the investigative agency to this court, and the defendant was in the Friart parking lot to the victim, and the victim was in a way that he gets out of the vehicle in his own car.

In other words, the victim had been faced with the victim, and the defendant had been faced with the unsurgical fingers of the left side and the left side of the face in the camping net of the defendant, while avoiding the victim.

c) make a statement at all times;

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