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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the head of Abju C, and is the neighbor who resides in the village such as the victim D.
피고인은 2013. 12. 27. 11:30경 나주 C에 있는 마을회관에서, 피해자가 종전에 한전철탑 보상 문제로 피고인과 다퉜던 일에 관하여 정식으로 사과를 하지 않는다는 이유로 소지하고 있던 위험한 물건인 과도(총 길이 : 26cm, 칼날 길이 : 15cm)로 피해자의 왼쪽 옆구리를 1회 찌르고, 피해자의 목 부분을 약 15cm 그어 피해자에게 약 3주간의 치료를 요하는 목의 다발성 열린 상처 등을 가하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding D;
1. Records of seizure and the list of seizure;
1. Application of each medical certificate, each photographic statute;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for confiscation of Article 62-21 of the Social Service Order Criminal Act;
1. Reduction elements of Category I (Habitual Injury, Bodi Bodi Bodily Injury), (Habitual Injury, Bodi Bodily Injury): Reduction element: There is no reduction element/Aggravation of punishment [Determination of the recommended area] Reduction Area [Determination of the recommendation area] from January to June 2] [Determination of the recommendation area], and from June to June 2], there is no negative element (no record of criminal punishment, no record of criminal punishment, and no record of penalty). Recommendation of suspension of execution; recommendation of suspension of execution is made;
2. One year and six months of imprisonment with prison labor for a decision of sentence, two years of suspended sentence (the sentence shall be determined as ordered, taking into account the motive, background, means and methods of each of the crimes of this case, circumstances before and after the crimes of this case, and other various circumstances, including the defendant's age, character and behavior, career, environment, etc. as shown in the pleadings of this case);