폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 19:30 on November 1, 2013, the Defendant, while drunkly drinking in front of Gangdong-gu Seoul, took a bath to the victim D (the age of 20) without any justifiable reason, and referring to a portable multiple knife, which is a dangerous object in which the victim had been in a main engine, and threatening the victim to see the part of the victim's clothes, and the victim tried to see the knife the part of the victim's clothes, with the victim's knife by cutting the knife of the knife of the victim's left face, 3:4 times the part of the knife with the main body of the knife, and snife the knife with the knife and snife the knife.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on police seizure records;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 283 (1) and 260 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of sentence recommended according to the sentencing guidelines (determination of types), violent crimes, (determination of the recommended area), intimidation (special intimidation) [Determination of the recommended area] mitigation area (Recovery of Damage] 4-1 year [the scope of sentence for recommendation] 4-1 year [the scope of sentence for recommendation according to the criteria for handling multiple offenses] 4-1 year from April to April 1-4 months;
2. Although the defendant should be punished strictly considering the circumstances leading to the instant crime, the risk of the method of the instant crime, etc., the defendant confessions and reflects the entire crime, and agreed with the victim (However, the victim did not indicate his intention not to punish him), the last fine in 2002 has no record of punishment up to the instant crime, and the punishment as ordered by Article 51 of the Criminal Act shall be determined by taking into account the factors of sentencing as stipulated in Article 51 of the Criminal Act.