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(영문) 제주지방법원 2014.04.16 2014고단154
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 became final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on January 16, 2014, the Defendant heard bathing from the victim E (the age of 49) at D main points operated by the Defendant at Ansan-si, Dongdong-si, the Defendant left the beer’s disease on his hand and returned to the left-hand side of the victim.

As a result, the Defendant inflicted bodily injury on the victim, which requires approximately 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Determination of types] used in cases of habitual injury, repeated injury, special injury by special person, habitual injury, repeated injury (special person) - Where the victim of the factors to be mitigated is fully responsible for the occurrence of a crime or the expansion of damage (determination of the recommended area] mitigated area [the scope of recommendation area] 1 year and six months to six months;

2. In light of the favorable circumstances, such as the fact that the defendant's decision of sentencing is against the mistake, the fact that there is no previous conviction who has been sentenced to a suspended sentence or a heavier punishment, the fact that there is a same criminal record, and the fact that the damage has not been recovered, the sentence like the order shall be imposed in consideration of the degree of injury the victim sustained, circumstances leading to the crime, and other various sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct and environment.

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