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(영문) 제주지방법원 2013.12.05 2013고단1433
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:40 on August 16, 2013, the Defendant, while drinking alcohol together with the victim E (31 years of age), F, and G, was able to get the victim from beer’s head once every two weeks of treatment on the ground that the victim said the victim’s head was imprisoned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1148, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Social service order under Article 62-2 of the Criminal Act;

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