폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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
At around 01:30 on May 27, 2015, the Defendant, at the main point of “D” located in “D,” and drinking alcohol with the victim E (the age of 42), and, on the ground that the victim continued to do so, was able to get the head of the victim into a beer disease, which is a dangerous object, and caused two weeks of treatment to inflict an injury on the victim, such as two open skins in need of two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A medical certificate;
1. Application of Acts and subordinate statutes to on-site photographs and damaged parts photographs;
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:
2. Determination of the scope of sentence: The lower limit of the scope of sentence is not modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.
2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)
3. Determination of sentence and suspension of execution shall be determined by discretionary mitigation of sentence against the defendant within the scope of the sentencing criteria in consideration of the fact that the defendant acknowledges and reflects his/her mistake, the injury suffered by the victim, the fact that the defendant has agreed with the victim, the defendant has no record of criminal punishment exceeding a fine since 2002, the defendant's age, character and conduct, family relationship, etc., and the execution thereof shall be suspended;