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(영문) 제주지방법원 2014.11.12 2014고단1081
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 02:30 on June 1, 2014, the Defendant, while drinking alcohol in D dan C in Jeju, brought a bath to the victim E (the age of 59) (the age of 59) who was singing in a stage, was at a cost, and the Defendant argued that the Defendant inflicted on the victim’s head on the beer, which is a dangerous object on the table table, once the victim’s head was the victim’s disease, and caused injury to the victim, such as brain, requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E, F and G;

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

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act on the Punishment of Criminal Crimes and Article 257(1) of the Criminal Act (a) of the same Act on the grounds that the defendant is self-defense, but it is difficult to view it as self-defense in light of the circumstances of 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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The sentence identical to the order shall be imposed in consideration of the following circumstances: (a) the basic area (2 to 4 years) of habitual injury, repeated injury, and special injury (2 to 4 years) and no basic area (2 to 2 years) (2 to 4 years) [Pronouncement Decision]; (b) the degree of injury seems not serious; (c) the victim deposited KRW 1 million in a dangerous crime; and (d) the victim deposited money; and (c) the victim was not completely recovered from damage; and (d) the victim was punished several times due to violent crimes; and (e) the victim was punished several times due to violent crimes; and (e) the punishment is imposed in consideration of

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