폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around May 17, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) inflicted an injury on the victim’s head and the loss of treatment days by taking advantage of the brick, which is a dangerous object at the entrance of the said restaurant, and the victim’s E (the age of 51). Around 20:40 on May 17, 2014, the Defendant was suffering from an injury on the part of the victim’s head and loss.
2. On May 17, 2014, the Defendant obstructed the police officer’s legitimate performance of duties in relation to criminal investigations by assaulting the front part of the H on two occasions, i.e., “a bitch bitch bitch bitch bitch bitch bitch bitch bitch,” in order to identify the background of the above injury case, the police officer assigned to the above police box, without any specific reason, to see the Defendant’s personal information.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Application of the police statement law to H
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 257 (1) and 136 (1) of the Criminal Act (Appointment of imprisonment with prison labor for the crime of obstruction of performance of official duties);
1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crimes, etc. committed);
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Probation and community service order: The first type of crime (influence of violence) for the reason of sentencing under Article 62-2 of the Criminal Act, the first category of special mitigation (in September to February), the special mitigation area (in part of September to February) (special mitigation), the second type of crime (influence of execution of official duties) for the reason of sentencing under Article 62-2 of the Criminal Act, shall be the same as obstruction of performance of official duties.