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 April 12, 2013, the Defendant: (a) around 22:45, on the street in front of Dongjak-gu Seoul Metropolitan Government on the ground that the victim D(39 years of age) who was the cause of delivery of Chinese house brought late food, was under the influence of alcohol; (b) was shaking the victim’s breath by breathing breath; and (c) laid down the sidewalk block (aro, vertical length, about 25 cm) located on the floor of the victim; and (d) was laid down once the victim’s right head.
이로써 피고인은 위험한 물건인 보도블록을 사용하여 피해자에게 치료일수 미상의 머리 부위를 5바늘 꿰매는 상해를 가하였다.
Summary of Evidence
1. Legal statement of witness D;
1. On-site reports;
1. Application of Acts and subordinate statutes to each photograph (news block, victim, and clothes of a victim);
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The period of suspension of execution under Article 62 (1) of the Criminal Act is one year and six months of imprisonment with prison labor within the applicable sentencing range of the sentencing sentencing range under Article 62 (1) of the Criminal Act and fifteen years of imprisonment with prison labor (limited to one year and six months of imprisonment with prison labor within the applicable sentencing criteria) and two years and six months (limited to one year and six months of imprisonment with prison labor within the applicable sentencing criteria) [the mitigated area of special injury (type 1): the victim is not subject to punishment, the victim is not subject to punishment, the defendant's efforts to recover from damage] and the grounds of suspension of execution for one year and six months of imprisonment with prison labor [the special sentencing factors considered as mitigation factors: the situation in which the victim committed the crime with a deadly weapon or other dangerous object carrying the deadly weapon and other dangerous object, but the victim did not want the defendant to be punished against the defendant, i.e., the victim made efforts to recover from damage (the defendant shall be agreed to pay five million won compensation for damage to the victim), the contingent crime, and the execution of the defendant above sentence is positive).