폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not more than ten 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
The Defendant, as a person operating “C,” was under the influence of alcohol, was in the state of lacking the ability to discern things or make decisions. At around January 21, 2014, around January 21, 2014, on the ground that the victim E (the age of 53) who was aware of the Defendant’s location D from the main point of “C” in the operation of the Defendant’s located in Yansan-gu Seoul Special Metropolitan City, acted without a brush, the Defendant collected maths, a dangerous object, and caused damage to the victim’s head, which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A medical certificate;
1. Application of the Acts and subordinate statutes on shooting injuries;
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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);
1. It is difficult to view that the nature of the crime in this case is light of the method of the crime in light of the fraudulent act, which is a dangerous object for sentencing as well as the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing). However, it is difficult to determine a punishment in consideration of the following circumstances: (a) the Defendant, under the influence of liquor as a primary offender with no criminal history, has the desire to hear the desire from the victim; (b) the Defendant does not want the punishment of the Defendant by agreement with the victim; (c) the Defendant is chilling the Defendant’s mistake in depth; and (d) the Defendant’s age, character and conduct, environment, family relationship, etc.