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(영문) 제주지방법원 2013.05.09 2013고단264
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

1. Around 02:40 on November 11, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) demanded a credit to the victim D (the 35 years old), who is the head of the business office in Jeju-si, to whom he/she was placed, and subsequently refused to provide a credit, the Defendant she sawed her to a beer and her to drink the beer, who is a dangerous object on the table, and she her to go through the direction of the corridor.

Therefore, as the victim prevented the defendant while leaving the defendant, "ponner" was the same as the beer's disease, which took the head part of the victim one time, and the victim's head was damaged by the breath's breath's breath with the left hand so that the victim's breath's breath's breath caused damage to the victim's breath's breath's bla

2. In the same time and place as in the preceding paragraph, when the victim E (the 34 years of age) who is an employee in the same place as in the preceding paragraph prevented the Defendant from doing the act, the injured Defendant, by hand, inflicted an injury on the victim, such as dump, dump, tension, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs and medical certificates;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006)

1. Article 62 (1) of the Criminal Act;

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