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 became final and conclusive.
Punishment of the crime
1. On April 15, 2013, at around 13:40 on April 15, 2013, the Defendant discovered that the victim C (the age of 54) who performed drinking together at the defendant's house located in Seo-gu Incheon, Seo-gu, Incheon met the chest of E, where the victim was divingd next to the victim, and the victim was prevented, but the victim was placed under the control of the victim, but the victim was rather in the vicinity of the dumhue and the dumhue, and the victim's head was cut back once, and the victim's knee cannot be identified by the number of days of treatment.
2. While committing the crime against the victim E, the Defendant committed the crime as set forth in paragraph (1), on the ground that the victim E (the 47-year-old, female) who was broken out in the lock was fluoring the Defendant, thereby making it difficult to identify the number of days of the treatment to the victim by fluoring the fluor’s right hand.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. Statement to E by the police;
1. Application of statutes on site photographs;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentencing of Article 62 (1) of the Criminal Code Article 62 (1) of the suspended execution of sentence is based on a knife knife knife knife, and the nature of the crime is not easy.
However, the victim C was forced to talk about the victim E's chest, and the defendant was prevented, but the victim C was rather fluent and humationed to stop the crime of this case, the victim C and the victim C were smoothly agreed, the victim E did not want the punishment of the defendant, the victim E did not have any criminal record exceeding the fine of the defendant, the fact that there was no criminal record beyond the fine of the defendant, the victim's age, character and conduct, environment, and the circumstances after the crime.