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
At around 12:00 on September 8, 2014, the Defendant: (a) reported the victim E (the age of 37) who was living together by the Defendant, who was drinking alcohol in the vicinity of the Dausbus C, and she did not listen well to his/her horses; and (b) she collected one empty disease, which is a dangerous object in the place, and she gets off one time on the head of the victim, caused the victim to suffer bodily injury, such as the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of photographs of the upper part of a victim and a shoulderer disease);
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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of the recommended sentence according to the sentencing guidelines (decision of type), violent crimes, repeated injury, special injury by repeated criminals, and mitigation elements of Type 1 (Specially Convicted Persons): Insignificant injury (Scope of recommending punishment): Imprisonment with labor for a period of between June and June 2:
2. The crime of this case by which the sentence of sentence was rendered requires a strict punishment for the defendant, since the defendant inflicted an injury on the victim due to beer disease, the nature of the crime is inferior, and the defendant did not make any effort to recover from damage.
However, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the proceedings of this case, such as the defendant's age, character and conduct, and environment, that the defendant has recognized his/her mistake and reflects against himself/herself, that the injury of the victim is relatively minor.