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(영문) 제주지방법원 2014.01.10 2013고단1542
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

At around 01:20 on August 23, 2013, the Defendant brought a hack pipe (120cm in length, 4.5cm in diameter) which is a dangerous object at a construction site of the victim's house collapse (4.5cm in diameter) while drinking alcohol with the victim at the house of the victim D (the age of 51) in Seopopo City C with the victim, and brought an injury to the victim, such as knife, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol of a prosecutor with D;

1. Application of Acts and subordinate statutes to photographs, such as the site, seized objects photographs and medical certificates;

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: A suspended sentence shall be imposed as ordered in consideration of all the following circumstances in the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), the following circumstances shall be considered: (a) the recommended sentence scope [the group of violent crimes, special injury, type 1, mitigation area (special mitigation area): (b) one year and six months in prison; (c) one year and six months in prison; (d) two years and six months in prison; (d) the facts of crime are recognized and reflected; (e) the victim is not punished; (d) the victim is not punished; (e) the victim is not punished; and (e) the victim is not guilty of having no criminal record after being sentenced to a fine in 203: (e) the face of the pipe is not easy in light of the specific facts of the crime; (e) more than a suspended sentence of punishment than 196; (e) the Punishment of Violences, etc. Act; (e) the motive for and other circumstances leading the victim and the defendant;

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