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(영문) 제주지방법원 2016.01.07 2015고단1123
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant was sentenced by the Jeju District Court to nine months of imprisonment with prison labor due to the violation of eviction, etc., and completed the execution of the sentence in the Jeju Prison on the same day, and the said judgment became final and conclusive on September 14, 2015.

The defendant is married between the victim C (V, 49 years old) and the married couple in 2009, and the victim was unable to properly use his/her body, so he/she has received a judgment of 1st degree of delayed disability, and has lived with wheel chairs.

around 04:20 on August 9, 2015, the Defendant started to find the victim as Dtel 904 on the ground that the victim did not receive his own telephone while leaving his house.

Defendant 1: (a) enter the instant officetel 904; (b) one time the head of the victim was fluent; (c) the victim’s head was fluent; (d) the victim’s head was fluored; (c) the victim’s head was fluored; (d) the victim’s head was fluored; (e) the victim’s head was fluored; (e) the victim’s head was fluored; (e) the victim’s shoulder was fluored; and (e) the victim’s shoulder was fluored; and (e)

“Intimidating”.

The defendant, carrying dangerous articles, assaults the victim, and threatened him.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Investigation report (physical condition and attachment of photographs of a victim);

1. Relevant field photographs;

1. Previous convictions: A reply to inquiries about criminal history data, investigation report (report on confirmation of the fact that the suspect is currently under the suspension of execution and is pending in a separate trial), case information, and application of each statute of the judgment;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the occupation of assault to carry dangerous articles), Articles 284 and 283(1) (the occupation of intimidation to carry dangerous articles) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Determination as to the Defendant and his/her defense counsel’s assertion under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes

1. The summary of the argument shall be decided by the Defendant.

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