폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The sentence of sentence against the defendant shall be suspended.
Seized blades (No. 1) shall be confiscated.
Punishment of the crime
On January 31, 2013, the Defendant, at the entrance and exit of the Nowon-gu Seoul Special Metropolitan City (Gu) E (Gu) 21:15, experienced complaints from the Defendant that the victim F (57 years of age) made a bath by telephone to the Defendant at a lower level on the same day, and took a knife (19cm: 19cm in total length, 8cm in length: 8cm in length) which was hidden in advance on the part of the Defendant’s inner machine, and inflicted injury on the victim, such as the part of the victim’s right-hand part of the knife, which requires treatment for about 15 days, on a one-time basis.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Statement made by the police on H and F;
1. Application of each of the Acts and subordinate statutes to the records of seizure, the list of seizure, the investigation report (kniffed blades used in committing an offense and photographs attached to the victim's body), the investigation report (in cases of attaching a medical certificate of injury)
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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. One year of imprisonment to be suspended;
1. Article 59(1) of the Criminal Act ( normal circumstances considered favorable to the reasons for sentencing below);
1. The defendant asserts that the defendant was in a state of mental disability under the influence of alcohol at the time of committing the crime of this case.
In light of the records of this case, even though the defendant was under the influence of alcohol at the time of this case, it cannot be deemed that the defendant committed the crime of this case under the influence of alcohol or lacks the ability to discern things or make decisions, since the defendant's circumstance and detailed methods of the crime of this case, and reported to the police immediately after the crime of this case. Thus, the above assertion by the defendant and the defense counsel is without merit.