폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 00:20 on December 9, 2013, the Defendant, while drinking alcohol with three persons, such as the victim D(32 years of age), who was sexually friendly, in the C restaurant located in Busan-si B, around 00:20, on the ground that the victim made a bad speech to the mother of the Defendant, the Defendant: (a) sent the victim’s head one time by a small-scale illness, which is a dangerous object that was left behind the table, following the table, and was in danger to the mother of the Defendant; and (b) assaulted the victim’s face on two occasions by taking two occasions by the son’s head; and (c) assaulted the victim’s head one time by the immediately preceding small-scale illness on the table.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on report of occurrence of violence;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a person subject to special mitigation) is not subject to punishment [the scope of the sentence of punishment] April -12 [the decision of the sentence of punishment] The act of assaulting the victim to the main illness, which is a dangerous object of the defendant, is very high: Provided, That there is no damage to the victim; there is no record of criminal punishment other than twice the fine; the victim does not want the punishment; the victim is in agreement with the victim; the defendant is divided and against the defendant; the defendant committed the crime of this case by contingency while drinking; the motive, process, means and method of the crime of this case; circumstances before and after the crime; the defendant's age, character and conduct, career, environment, etc. as shown in the arguments of this case; and other various circumstances, including the following circumstances, the sentence shall be determined as ordered.