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
At around 00:30 on September 16, 2015, the Defendant: (a) around D in front of Jongno-gu Seoul, Jongno-gu, Seoul; (b) on the ground that the Defendant called “the Defendant’s victim F (28 years of age) who was under the influence of alcohol,” she would be a vision for the Defendant, on the ground that the Defendant said that “the Defendant was frightening E and frightening”, and that the Defendant was frightening the Victim’s body by shouldering the Victim’s body with shoulder and body; (c) continuously pushed the Victim’s body; and (d) continuously pushed the Victim’s arms, which are dangerous objects in front of the said D; and (d) laid the Victim’s arms above the floor, and caused the Victim’s bodily injury, such as the shoulder gate sprinking, the need for treatment for about four weeks
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding F;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Sentencing Recommendation] - The area of mitigation (one year to June 2), the area of special injury (one year to June 2), - Special mitigations: The sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, character and behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined within the scope of recommendation as ordered.
Unfavorable circumstances: Method and degree of the assault are not easy.
The favorable circumstances: The victim agreed with the victim, and the victim was not punished for the defendant.
There are no criminal records of the same kind of crime, and there are no criminal records punished by imprisonment without prison labor or more.