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
The Defendant is a guest who drinks alcohol to “Eju” located in P in Paju-si operated by the victim C (59 years of age, women).
Around 00:35 on December 28, 2014, the Defendant: (a) 00:0:35, when the Defendant was talked with the victim as a result of calculation; (b) putting an empty beer disease, which is a dangerous object in the place of the Defendant’s business, and laid down on the table to the victim, and then laid down the me on the floor, and then laid down the me over the kne on the floor; (c) kneing the kne on the floor while putting a dangerous object, which is another dangerous object, and threatening the kne on the part of the victim; and (d) kneing the kne on the floor by the victim’s laf and hand, kneing the part of the victim’s kne, and kneing the head.
Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused (includingC statements);
1. Application of statutes on field photographs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has a record of being punished several times for the same kind of crime, and again, the violent crime of this case has been committed.
However, the punishment shall be determined by the suspension of the execution of imprisonment as above, taking into account the fact that the defendant repents his mistake, has no record of being sentenced to a fine or more recently, has been seen as a contingent crime, the victim has not been injured and the victim has agreed to pay 500,000 won.