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 of the final judgment.
Criminal facts
At around 01:30 on July 15, 2014, the Defendant: (a) heard “D” main points located in Seojin-gu, Seojin-gu; (b) around 01:0 on July 15, 2014, the Victim E (17 years of age) passed; and (c) heard the Victim E (17 years of age) to one’s daily activities; (d) putting the Victim’s head on a hand; and (e) putting the Victim’s head on a hand; and (e) put the Victim into a “dual open state where approximately two weeks of treatment is required.”
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement of E and F;
1. Criminal papers, each criminal investigation report, and evidential materials attached thereto;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs of injuries;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant reflects in depth his mistake through considerable confinement life, etc.);
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (i.e., taking into consideration the circumstances favorable to the defendant, such as the fact that in light of the details of the crime committed by the defendant, whose head part which may inflict a fatal damage on the victim as a beer disease, and the criminal records of the defendant, the nature of the crime was extremely poor, and the result of the crime was not much serious, and the result of the rush damage was fluorily, and that the defendant wanted the wife of the victim and the additional defendant by mutual consent with the victim and the father, and that the wife of the defendant wanted the wife of the defendant by snow);
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;