폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.
Punishment of the crime
피고인은 2014. 10. 1. 07:10경 구미시 C 아파트 공사현장 102동 앞 주차통로에서 피해자 D(50세)가 피고인에게 공사자재인 비계파이프를 사용하지 말라고 했다는 이유로 화가 나 피해자에게 "니가 뭔데, 개자슥아"라고 하면서 오른손 주먹으로 피해자의 머리를 약 6회 때리고, 그곳에 있던 위험한 물건인 철제 시스템 비계파이프(길이 70센티미터, 지름 5센티미터)를 집어 들고 피해자의 왼쪽 어깨를 2회 때려 피해자에게 약 2주간의 치료를 요하는 다발성 타박 및 찰과상 등의 상해를 가하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The application of Acts and subordinate statutes to a report on the investigation into and reporting on damaged parts and photographs of the criminal implements, and the application of each investigation report (in the case of an injury diagnosis report, the statement E);
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. Persons subject to suspended execution under Article 62(1) of the Criminal Act does not correspond to the criminal liability of a defendant in that the means and method of committing the crime for sentencing under Article 62(1) of the Criminal Act is dangerous in that the body of the victim was directly displayed by the above non-speak pipes, but the degree of injury of a victim is minor, the medical expenses are paid to the victim and agreed to be paid to the victim, the circumstances favorable to the fact that no previous one exists, shall be considered. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence [the range of the recommended sentence [the range of the special mitigation ( September-2, 200), the special mitigation area (including the cases where the special mitigation area of September-2, 300), the special mitigation area (including the serious effort to recover the damage), the non-speed amount of punishment (including the cases where the damage was recovered) or considerable part of