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
On December 4, 2014, the Defendant: (a) around 14:35, 14:35, at the Drogate in Dongducheon-si, the Defendant used a food knife (30cm in total length, 19cm in knife) in the rest of singke, flife (30cm in total length, 19cm in knife) and flife in the rest of singke, flife in which the Defendant carried a deadly weapon and carried it, thereby leading the victim to a side flife in need of approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Police seizure records;
1. Application of field photographs, damage photographs statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] In the case of habitual injury, repeated injury, and special injury [the scope of recommending punishment] the mitigation area (one year and six months to two years), punishment not (including advanced efforts to recover damage), or considerable partial damage (the decision of sentencing] where the law of criminal punishment of the defendant is obvious that it would pose a risk to the life of the victim, and thus, it should be subject to criticism.
Even though it has brought about a significant result of not harming the health of the victim, it is not possible to avoid punishment corresponding to the criminal liability.
However, the defendant has been older than 70 years old and has been living without any criminal history so far.
In addition, the defendant led to the confession of the crime of this case and is against the victim. Above all, the victim does not want the punishment of the defendant, but the victim is aware of 50 years, so that the victim's will can not be less easily.
In addition, the circumstances that the crime of this case was committed by accident are considered.