폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2015. 1. 22. 22:00경 강릉시 B에 있는 C 앞 노상에서 일행인 피해자 D(남, 44세)과 술을 더 마시기 위하여 이동하던 중 피해자가 피고인보다 어린데 말투가 건방지다는 이유로 손으로 피해자의 뺨을 1대, 부근에 있던 위험한 물건인 벽돌로 피해자의 머리와 어깨를 2~3회, 부근에 있던 위험한 물건인 쓰레기통으로 피해자의 머리와 어깨를 3~4회 때리고, 발로 옆구리를 걷어찼다.
In this respect, the Defendant, carrying a dangerous article, and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
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;
1. The sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be set within the scope of the recommended sentencing guidelines [4 months-1 year and two months: Violence crime, assault crime, Type 6, type 6, mitigated area (non-influence of punishment)] by comprehensively taking into account the following factors: (a) the defendant's recognition of the crime and the fact that there is no criminal record other than the fine for drinking driving for one time which was sentenced in 2013; (b) the defendant agreed with the victim; and (c) the defendant's age, character and behavior, environment, motive and background of the crime; (d) the motive and consequence of the crime; and (e) the circumstances