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(영문) 제주지방법원 2014.11.28 2014고단1244
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized pipes (50 cm in length, 2 cm in diameter) shall be confiscated.

Reasons

Punishment of the crime

around 22:00 on August 19, 2014, the Defendant: (a) at the parking lot of “D” restaurant in Jeju-si; (b) at around 22:00, the Defendant took a dispute with “D” victim E (the age of 43) and his debt; (c) the Defendant took the part of E’s head in the hye pipe (the length of approximately 50cm, the diameter of 2c meters) in the Defendant’s vehicle; (d) hye the victim’s victim F (the son, the son, the son’s son’s age of 19) hye the Defendant; and (e) hye the hye part of the chest with the hye pipe, and hye the hye part in the hye pipe, and hye the hye part in the hye part requiring three weeks medical treatment; and (e) hye the part requiring two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the relevant photographs, written diagnosis, and photographic 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. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 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. Confiscation: Recommendations, sentences [the range of punishment of violence crime group, special injury, type 1, basic area, imprisonment with labor for two years - four years] and the following circumstances specified in the sentencing guidelines for sentencing under Article 48(1)1 of the Criminal Act are determined as follows (the sentence to be imposed below the recommended sentence considering the following favorable circumstances): Recognizing the facts of the crime; recognizing the facts of the crime; and considering the fact that there are no other criminal records, other than twice a fine which is minor as a crime of this paper, there are no other criminal records: In light of the specific crimes, such as the implements of the crime, the degree of injury, the degree of the act, the form of the act, etc., the fact that the damage has not been recovered; and other reasons are more than the motive of the crime, circumstances after the crime, and the physical handicap (class 2) of the defendant.

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