폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 becomes final and conclusive.
Punishment of the crime
The Defendant and the victim C use the same room as the studio straw in the construction site of the YW Co., Ltd.
On October 13, 2014, at around 01:00, the Defendant used 01:00, a knife a knife, which had a knife with water-containing at a lodging room at D site, and caused an injury to the above knife of the above knife that requires approximately two weeks of treatment to the victim by gathering a knife knife with a dangerous object on the knife, which has continued to be on the knife, ( approximately 10-12 cm in length, approximately 20 cm in length, and about 20 cm in length).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to a death diagnosis certificate, damage photograph, and on-site accident report;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances among the grounds for the relevant punishment);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Imprisonment with prison labor for not less than one year and six months or 30 years; and
2. Reduction elements of Category I (Habitual Injury, Bodi Bodily Injury, Bodily Injury), (Special Bodily Injury): In cases of minor injuries, victims, and where considerable responsibility exists for causing a crime or expanding damage (general persons who are punished): Reduction elements of punishment on the sentencing criteria: The serious reflective area [the scope of determination and recommendation of the recommended area] special mitigation area, nine months of imprisonment or imprisonment between two years and six months of imprisonment.
3. Whether to suspend the execution [major reasons for a suspension of execution: positive] Where a minor injury is involved, the occurrence of a crime or the expansion of damage is significantly responsible for the victim (general reasons for a suspension of execution: positive) and there is no criminal record of a serious reflect, considerable deposit, or suspended execution or more;
4. The defendant's mistake in the decision of sentence.