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
On November 14, 2014, around 20:50 on November 20, 2014, the Defendant suffered an assault from the victim E (the age of 54) and inflicted an injury on the victim, such as cerebral typ that requires approximately two weeks of medical treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the interrogation of suspects of E;
1. Application of Acts and subordinate statutes to an investigation report (related to the submission of an injury diagnosis report);
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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act (including the fact that the defendant, as the defendant was assaulted by the victim, led to the crime of this case contingently, the mistake has been divided and reflected, and the fact that the defendant agreed with the victim
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. From one year and six months to two years from one year and six months from one year and six months from the date of a sentence on the sentencing guidelines (the crime group of violence, habitual injury, special injury for repeated crimes, Type 1 (Special Injury by Habitual Injury, Bodily Injury), area of mitigation (the special mitigation factors: in cases where victims are fully responsible for the occurrence of crimes or the expansion of damage even if the victims are also responsible for the occurrence of crimes or the expansion of damage), the lower limit shall be
2. Reasons for the main reason for a stay of execution - positive: In cases where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the unfavorable negative reason for punishment: In cases where the victim commits a crime by carrying a deadly weapon or other dangerous articles, the reason for general participation - positive: contingent crimes, serious reflectivity, or criminal records of a stay of execution
3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and