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(영문) 제주지방법원 2014.10.10 2014고단1103
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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

On July 3, 2014, at around 22:00, the Defendant used food blades ( approximately 30cm in length, approximately 18cm in blades), which are dangerous objects in behind the above office, to be viewed as the victim and vehicle driving problems, at the E office of the victim D (the age of 25) in Jeju city, and assaulted the victim with the above food blades toward the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. Seizure records;

1. Application of related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] When the mitigation area (4 to 1.2 months) of the mitigation area (4 to 1.2 months), the reduction area (including specially mitigated persons), the reduction of punishment (including serious efforts to recover damage) or considerable damage has been restored (decision of sentence] circumstances of crimes, the fact that only one-time fine has a previous offense, and that there has been agreement with the victim, etc.

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