폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for two years.
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
At around 12:40 on July 1, 2014, the Defendant, while drinking alcohol in Yannam Sports Park in Seo-gu, Incheon, Seo-gu, Seonam-gu, and drinking alcohol at the same time, had been drinking at the victim C (53 years of age). On the ground that the victim C (53 years of age) who was drinking at the nearby place had a trouble with the victim, purchased the ker ker kn which is dangerous at the nearby convenience store, and displayed the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif, and sold it to the victim D's days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol on the accused and D;
1. C’s statement;
1. Records of seizure and list of seizure, and knife photograph of seized knife;
1. Application of Acts and subordinate statutes to photographs of damaged parts of victim D;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 257 (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. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Basic crimes [the scope of recommendations] [the violation of the Punishment of Violences, etc. Act [the scope of punishment]] [the basic area (2 to 4 years] of the types of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, special injury)] of the same category;
(b) Concurrent crimes [the scope of recommending punishment] [the violation of the Punishment of Violences, etc. Act (Aggravatedly Injury), repeated injury, and special injury] shall be type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Injury) (Aggravated Bodily Injury), the mitigation area (a year and June 1 to 2 months), the mitigation area (a special mitigation area), the punishment not to be imposed (including a serious effort to recover damage) or equivalent thereto.