폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment with prison labor for four months.
Punishment of the crime
【Criminal Power】 On June 30, 201, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and two years of suspended execution in the Daejeon District Court’s Support for Incheon District Court, and the said judgment became final and conclusive on July 8, 2011 and is currently
【Criminal Facts of Crimes” around 10:30 on July 8, 2012, the Defendant: (a) while drinking alcohol with female-friendly E and victim F (the age of 22) at the D main office in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) while drinking alcohol with the aforementioned E, the Defendant: (c) while the victim was in a dispute with the said E, the victim kidds the Defendant, and (d) the victim kidds the Defendant; (b) placed the head of the victim on a single occasion; and (c) placed the victim’s head on a two-time basis, caused the victim to undergo approximately two-month treatment
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning F;
1. On-site photographs;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to an investigation report (Attachment to a judgment);
1. There are favorable circumstances for the defendant, such as Article 257(1) of the Criminal Code of the relevant criminal facts, Article 257(1) of the Criminal Code, the fact that the defendant has no criminal record for the reason of sentencing choice of imprisonment, the fact that he/she
On the other hand, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., but it is difficult to choose the defendant as imprisonment with prison labor or as a fine because he/she committed the crime of this case during suspended execution.
However, it is not clear that the defendant is subject to more severe punishment on the ground that he is under the period of probation, but rather, it would result in a sense that the original law is subject to the suspended sentence of imprisonment.
In this regard, it is considered that the prosecution was too harsh to the defendant due to the violation of the Punishment of Violences, etc. Act (a crime of injury by group, deadly weapons, etc.) with the initial statutory penalty of three years or more.