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(영문) 제주지방법원 2014.06.03 2014고단440
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

On April 1, 2014, the Defendant: (a) around 04:30, at the victim’s residence located in the “D” operated by Jeju-si, Jeju-si (hereinafter “D”); (b) while drunkly under the influence of alcohol to raise the victim’s complaint due to the difference of ordinary nature, the Defendant used a knife knife (20cm) which is a dangerous object in the victim’s kitchen; (c) led the victim to the corridor in the above business place; and (d) took the knife the knife with the victim’s face and part; and (d) took the wall behind the victim’s head, knife, and knife with the victim’s head, face, and knife with the victim’s knife; and (d) continued to take measures to attract the victim’s complaint; and (d) took part of the victim’s body and knife with the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of seizure records, relevant photographs, and each medical certificate to statutes;

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. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Social service order: The punishment shall be determined as ordered in consideration of all the following circumstances, taking into account the scope of the recommended sentence [the group of violent crime, special injury, type 1, the mitigation area (special mitigation area): imprisonment with prison labor for one year and June - 2 years] on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., and the following circumstances. Recognizing favorable circumstances: recognition of the facts of crime; recognition of the facts of crime; non-influence of the victim's injury; non-influence of the victim's injury; the victim's unfavorable circumstances: the victim's poor in light of the specific details of crime, etc.

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