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(영문) 제주지방법원 2014.10.16 2014고단1100
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on March 17, 2014, the Defendant, while drinking alcohol, such as the victim E (year 48) and F, was committed by the victim on the following occasions: (a) on the D restaurant located in Jeju, the Defendant: (b) on the part of the victim; (c) on the part of the victim, the victim was dissatisfied with the victim’s her crypted and her crypted her “freshed here,” (d) on the part of the victim; (d) on the part of the victim; (e) on the part of the victim, the victim was her head; and (e) on the part of the victim, the victim was her head was able to identify the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Application of the medical certificate, each photographic statute;

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: Recommendation, sentence scope [the scope of sentence [the group of violent crimes, special injury, type 1, mitigation area (special mitigation area: : 1 year and June - 2 year and June : - 1 year and six months] on the grounds of sentencing (the sentencing conditions under Article 51 of the Criminal Act as stated in the grounds of sentencing] under Article 62 (1) of the Criminal Act and the following circumstances are determined as per the disposition in consideration of all of the following circumstances. Recognizing the favorable circumstances: The fact that the crime is committed; the victim voluntarily reported 112; the victim did not want to be punished against the defendant; the victim does not want to be punished against the defendant; the victim was a person who injured his head, who is a dangerous object, committed an injury; the victim was punished by a fine not exceeding 500,000 won, and the victim was punished by a fine not later than seven times as a crime of injury in 209; and the defendant was punished by a fine not later than 2013.

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