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(영문) 제주지방법원 2013.07.24 2013고단688
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 21:00 on May 12, 2013, the Defendant collected the kitchen knife (30cm in total length, 18cm in knife length) of the victim D(43) who was living together in Jeju apartment 107 dong 603 on the ground that the victim D (the age of 43) who was living together drinks drinking alcohol and damages the visit through a watch, and thereby, caused the victim to have a snife the part of the victim's chest knife, which is a dangerous object on the snife at the snife.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and D;

1. A photograph of damage and a medical certificate;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 3 (1) and Article 3 (1) 2 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition in view of the following: (a) there was a risk that the defendant's act of sentencing for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act may result in a serious result; (b) the degree of injury of the victim is not deep; (c) the defendant and the victim do not want the punishment of the defendant; (d) the defendant living in the same residence as the victim; and (e) the defendant has committed acts such as putting the victim away first, and putting the victim away.

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