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 April 23, 2015, around 21:55, the Defendant drunkd the victim E (51 years of age) from the “Dju store” located on the Mapo City C and the 2nd floor, and got off the victim’s head two times with the empty beer disease, which is a dangerous object, and led the victim to a two string in which the number of days of treatment can not be known.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to damaged part of a dives and sloaker disease photographs;
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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:
2. Determination of the scope of sentence: The lower limit of the scope of sentence is not modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.
2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)
3. Determination of sentence and suspension of execution shall be determined by discretionary mitigation of sentence against the defendant within the scope of the sentencing criteria in consideration of the fact that the defendant acknowledges and reflects his/her mistake, the injury suffered by the victim is minor, the defendant has agreed with the victim, the defendant has no record of criminal punishment exceeding the fine by violence, the defendant's age, character and conduct, etc., and the execution thereof shall be suspended;