폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 09:00 on November 4, 2013, the Defendant: (a) called “B” to the victim C (Nam, 56 years of age) who was at anchor in the sea near the Yanannam-gun, Yannam-gun; (b) stated that the victim required the Defendant to take a bath to “abrogate, spath,” and to take a bath to the breath; (c) knife the victim with the knife’s knife, which is a dangerous object in the steering house, and continuously knife the victim with the knife (12 cm a day-day length, approximately 24 cm in total) and knife, which is a dangerous object in the steering house.
Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect against the accused by the prosecution (defluence: the suspect C);
1. Application of relevant Acts and subordinate statutes to documentary evidence photographs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crimes: Violence crimes, repeated crimes, special assault (type 6);
2. Determination of the scope of sentence: Reduction area, April to January (the existence of a “not subject to punishment,” who is a person subject to special mitigation,” and a “case of committing a crime with dangerous articles” who is an act subject to special aggravation, does not constitute cases where special assault is applied; and
3. Whether to decide on the sentence or to suspend execution: 8 months of imprisonment and one year of the suspension of execution (including the fact that the defendant acknowledges and reflects his mistake, the victim does not want the punishment of the defendant, and the defendant has no record of criminal punishment exceeding the fine, etc.);