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
At around 15:20 on November 10, 2013, the Defendant: (a) expressed a desire to the “D” restaurant located in the wife population C; and (b) expressed a desire to the F president, who is in friendship with the victim E (52 years of age) on the side of the incident, and (c) sustained an injury, such as a non-fringing so that the victim was suffering from a dangerous object, while the victim and the victim were in a dispute with his or her behavior G, he or she performed a dangerous act for about three weeks.
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;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes-special injury [the scope of the recommended sentence] mitigated area (one year and six months from June to June), mitigated area (one year and six months from imprisonment): Recovery of considerable damage;
3. The defendant who has been sentenced to punishment has been punished several times for violent crimes, and there is no agreement with the victim.
However, in consideration of the fact that the defendant repents wrongs and deposits a considerable amount of money for the victim, the punishment as ordered shall be determined within the scope of recommendation.