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 three years from the date this judgment became final and conclusive.
Punishment of the crime
On August 22, 2013, at around 05:40 on August 2, 2013, the Defendant, while drunkly drinking “D” with the trade name of “D” located in Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, and told the victim E (the age of 47), who is a customer, to “the victim,” and demanded the victim to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to able to d
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a certificate of injury, medical record, duplicate issuance;
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. As to the Defendant’s assertion under Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserts that he was in a state of mental disorder by drinking alcohol at the time of the instant crime, and thus, according to the Defendant’s statement at each investigative agency, the Defendant may acknowledge the fact of drinking at the time of the instant crime. However, in light of various circumstances, such as the background and process before and after the instant crime, the means and method, and the Defendant’s act before and after the instant crime, etc., it cannot be seen that the Defendant did not have the ability to discern things or make decisions by drinking alcohol at the time of the instant crime, and thus, the Defendant
The reason for sentencing [Scope of the punishment by law] 1 year and 6 months to 15 years of imprisonment [Determination of Punishment] violent crime. Habitual injury, repeated injury, special injury, and mitigation element of Type 1 [Specially Convicted Person]: Imprisonment with prison labor from 1 year and 6 months to 2 years and 6 months of imprisonment [main reason for the suspension of execution of punishment] positive element of punishment: Non-execution of punishment, no record of criminal punishment, and contingent negative element of crime: deadly weapons and others.