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(영문) 제주지방법원 2014.12.24 2014고단1581
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized one piece (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to a suspended sentence of three years on July 5, 2014 by the Jeju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At around 09:50 on November 7, 2014, the Defendant: (a) expressed the victim E (the 19-year-old) who is a customer in Jeju, working as an employee, that the victim spaws and spaws tobacco in the face of the Defendant; (b) took a bath that “I am spaw in spawn? spawn? spawn? spawn? spawn?? spawn with the left hand, leading the victim’s head, leading the victim’s head to spawn, and 15 cm in length on the day). On one occasion, the Defendant inflicted a knife with the victim’s left chest part, which was open to the victim within the spawn which requires four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Seizure records;

1. Previous convictions in judgment: The application of inquiry reports and investigation reports, and Acts and subordinate statutes;

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. Reasons for sentencing under Article 48(1) of the Criminal Act of the Confiscation [Scope of Recommendation] The basic area (2 to 4 years) (2 to 2 years) of the type 1 (2 to 3 years) of habitual injury, repeated injury, and special injury (2 to 4 years) shall be considered as follows: (a) there is no person who has a basic area (2 to 2 years) (2-4 years) (decision of sentence]; (b) it appears to be a contingent crime; (c) it appears

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