폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Around 22:53 on January 21, 2015, the Defendant was assaulted on the street before the instant victim E (30 years of age) on the ground that tobacco was consumed from the victim E (hereinafter “D”), and took the said victim into the said main point, and kept a garbage bag for separate collection and removal ( capacity of 60 liters, width of 50cm, length of 70cm, length of 70cm) containing garbage. The Defendant collected tree board (a dangerous object at home 40cm, length of 11cm, length of 11cm) which continuously fell back one part of the victim’s back, and flabed the victim’s body by carrying dangerous things at the same time, and flabing the victim’s body into the said main point, and flabed the victim’s new waste bags into the said main point, and flabed it into the victim’s free market price of 200,000 won and damaged the victim’s new waste bags within the free market price of 20.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Each police statement made to G, H, F, and I;
1. Report on internal investigation (on-site photographs and CCTV images) and report on internal investigation (on-site investigation by a suspect A's 'D main entrance', damage, etc.);
1. A certificate of G injury;
1. Application of the F Estimate statutes;
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 (the occupation of an assault against carrying dangerous objects), Articles 368 (2) and 366 of the Criminal Act;
1. In accordance with the purport of the Supreme Court Decision 80Do2236 Decided December 9, 1980, the ordinary concurrent relationship is recognized ex officio without changing the indictment.
Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who violates the Punishment of Violences, etc. with any heavier offense)
1. Discretionary mitigation Criminal Act;