폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 8, 2014, around 16:27, the Defendant: D’D in front of the convenience store, and the victim E (50 years of age) was forced to take part of the victim’s left chest part of the victim’s chest part, etc. on several occasions, in excess (23 cm in total length, 11.5 cm in length) of dangerous things prior to the victim’s being kept after the victim’s chest was satisfed by drinking by satisfing the victim’s shoulder while she resisted against the victim on the ground that the victim E (50 years of age) was able to take a bath to himself.
As a result, the defendant carried dangerous objects and carried them, thereby making it impossible for the victim to know the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Persons subject to special mitigation [the scope of the recommended sentences for the sentencing guidelines] [the scope of the recommended sentences] violent crime group-special injury [the scope of the recommended sentences] special mitigation [one year and six months of imprisonment (a revision by the lower limit of the punishment by law), two years and six months]: Insignificant injury or non-guilty penalty;
3. Determination of sentence: (a) the Defendant agreed with the injured party in a unanimous agreement; and (b) the extent of injury is relatively minor; and (c) the sentence is determined as ordered within the scope of recommendation.