폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
A defendant shall be punished by imprisonment for not less than eight 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
On January 24, 2013, around 21:30 on January 24, 2013, the Defendant: (a) expressed the victim’s desire to “satisf” in the process of telephone conversations with himself/herself; (b) 5 times the victim’s face was taken five times due to drinking and 3 times the victim’s face was injured on the number of days of treatment.
The Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc.) committed violence to the victim by carrying dangerous things by taking the knife (20 cm length) of the kitchen, which is a dangerous thing in the kitchen, while taking a bath for the said reasons at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. The list of seizure;
1. Application of statutes on site photographs;
1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning the crime (the point of violence by carrying a deadly weapon);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes as prescribed by the Punishment of Violences, etc. which are heavier than punishment]
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc.: Imprisonment with prison labor for the range of applicable sentences under law; six months from June to June 18; and the element of mitigation of persons with special types of punishment (general injury) among general injuries to determine the types of applicable sentences of individual crimes; imprisonment with prison labor for one month to one year; and