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 this judgment becomes final and conclusive.
Punishment of the crime
At around 00:50 on July 20, 2014, the Defendant was living in the victim D(27 years of age) who met through hosting at the 501 room of 'Curururb’ located in the Si-si B’. On the ground that the victim surds and surds the cooling, and surds and sured the victim’s surbs on the ground that the curbs and surged the curbs were surfed, and surged in the direction of the computer. In other words, the Defendant prices the part of the victim’s left side head of the burg who surged the burg’s disease in the direction of the computer.
As a result, the defendant caused the victim's non-permanent injury to the treatment days.
Summary of Evidence
1. The defendant's partial statement in court (a statement that the victim was the victim by an illness);
1. Application of the Act and subordinate statutes to witness D’s legal statement (a statement that the victim has no sexual intercourse with the victim, and that the defendant was a sentry from the defendant as stated in the ruling)
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination on the Defendant and his/her defense counsel’s assertion under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act
1. The alleged defendant is a party-defense or legitimate act because he/she committed a crime to spread the victim's forced sexual intercourse demand.
2. According to the above evidence, it is reasonable to view that the defendant inflicted an injury on the victim as stated in the facts constituting the crime in the judgment, and it is difficult to view the defendant's act within the scope of passive resistance. Thus, it does not constitute self-defense or legitimate act.
Therefore, the defendant's assertion is not accepted.
The reason for sentencing (the range of recommendations) shall be the habitual injury, repeated injury, and special injury.