폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for 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
The Defendant was in a resistant relationship with the victim C (V, 46 years of age).
On September 22, 2013, the Defendant: (a) around 22:50, at the taxi stops at the string of the taxi stops at the Yacheon-si, Macheon-si, the Defendant called “to throw away the 19cm in total length (19cm) above the left side of the victim and “to throw away the bamboo” on the top of the left side of the victim; and (b) was placed one time at the victim’s nose by her head.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Police seizure records;
1. Application of statutes on photographs of damage;
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the factors for sentencing):
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the decision of types] of assault crimes [the decision of types] 6 (Habitual, Cumulative, Special Violence] - The elements for mitigation (including serious efforts to recover damage) or where considerable damage has been restored [the decision of the recommended area] mitigation area / [the scope of recommendation area] April / 1 year and 2 / The main reasons for the suspension of execution / The main reasons for the suspension of execution / The main reasons for the suspension of punishment (including serious efforts to recover damage): The criminal records [the decision of sentence] before the suspension of execution on more than two occasions, or after the victim does not want the punishment against the defendant, the decision of sentence shall be sentenced in consideration of the fact that the victim does not want the punishment against the defendant.