폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six 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 14:30 on February 21, 2014, the Defendant reported that the victim E (the 39-year-old) who had a dispute with himself prior to the early stage D2 in Gwangjin-gu Seoul Special Metropolitan City, passed through the corridor of the above resting room in order to take smoking room, and that the victim E (the 39-year-old) was faced with the victim's face by hand, which is a dangerous object located on the surrounding floor of the rest of the resting room and the 40-meter in length.
As a result, the defendant carried dangerous objects and inflicted injury on the right side of the victim for about 8 days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs and photographs of victims;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: category 1 (Habitual Injury, Bodi Bodily Injury and Bodily Injury), the mitigation area (1 year and June 2), the mitigation area (1 year and June 6), the punishment not to be imposed (including efforts to recover damage), or where considerable damage has been restored (a decision of a sentence] the crime of this case was committed with the injury to the victim’s face (40 cm in length), which is a dangerous article of the defendant, and the crime of this case is not a good crime.
On the other hand, the fact that the defendant acknowledges and reflects the crime, that the defendant agreed with the victim, that it is difficult to see that the degree of damage is very serious, that the defendant was not punished due to past violence, and that the defendant seems to have caused contingent crimes to the victim in dispute.
In addition, records such as the age, character and behavior, environment, family relationship, occupation, etc. of the defendant are shown.