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
On May 21, 2014, at a D restaurant located in Ulsan-gu, Ulsan-gu, Seoul-do, around 21:00, on the ground that the victim E (38 years of age) was disregarded without reporting the defendant, the defendant left the victim's right bridge through the defendant's right bridge, and opened the victim's body into the victim's right bridge, putting the victim's body over the victim's body, and putting the victim's body over the victim's body, putting the victim's body over about 4 weeks.
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 a criminal investigation report (the counter-investigation of a shot D owner), a criminal investigation report (the counter-investigation of a shote F), and a criminal investigation report (the confirmation report of a suspect used at the time of the case);
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered for the following favorable circumstances):
1. Where a person commits a crime by means of collective force or multiple force, or by carrying a deadly weapon or other dangerous articles with the reason for sentencing under Article 62 (1) of the Criminal Act (the sentencing criteria [the scope of recommending sentence] general injury (six to two years) in the area of aggravation (six to six months), or by carrying a deadly weapon or other dangerous articles, a sentence of imprisonment under law is inevitable; and
In addition, the defendant was deadly injured by the victim without any particular reason, and the circumstances of the defendant's injury are heavy.
However, the execution of a sentence shall be suspended in consideration of the fact that the victim died without relation to this case, and that there is a circumstance that the defendant is unable to compensate for damage to the victim, and that the bereaved family members of the victim reflects the mistake by making efforts to deposit part of the amount of damage.