폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for six months.
However, 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 15:30 on April 1, 2015, the Defendant, who is a taxi engineer, took a taxi for business purpose, and arrived at the residence of the Defendant at the Busan coastal Organization D, while driving the taxi at around 73 years of age. After the Defendant, the Defendant, while taking a bath to the defective victim, she abused 2 the victim with a stone gate (6 cm in diameter), which is a dangerous object, with the victim’s string, such as “the string, bringing-out, cutting out, cutting out, cutting out, and ring out,” and boomed the victim with dangerous objects, such as drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of the victim;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (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 Criminal Act of the suspended sentence [Scope of Recommendation] Crimes of Article 62(1) of the Criminal Act are types 6 (Habitual Offense, Habitual Offense and Special Violence) [Attachment to the lowest limit of the applicable sentences under the law] The crime of this case is serious as it is committed by the defendant, such as where the defendant collected a stone, which is dangerous to the victim, and thus, the crime of this case is committed.
However, the punishment as ordered shall be determined by comprehensively taking into account all the following factors: the defendant is against himself, there is no criminal record of the same kind and suspension of execution or more for the last ten years, the victim does not want the punishment of the defendant, the motive, means and results of the crime in this case, the circumstances after the crime, the character and conduct of the defendant, family environment, etc.