폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
Two industrial knife (No. 1) seized shall be confiscated.
Punishment of the crime
On May 1, 2014, at around 16:15, the Defendant, at the Defendant’s residence in Seongbuk-gu Seoul, called the victim E (the 57-year-old) who was at issue, called the settlement regardless of fighting regardless of fighting, and reported the victim who was at home to “picker,” and reported the victim who was at home to “picker,” and was injured by the victim’s face and chest parts at a level of 4.5 cm from the industrial knife, which is a dangerous object, on several occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. Injury photographs;
1. Application of the existing Acts and subordinate statutes under subparagraph 1 of the seized evidence;
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. 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. According to each of the above evidence regarding the assertion of mental disorder under Article 48(1) of the Confiscation Criminal Act, even though the defendant was in a drunken state at the time of the crime of this case, it cannot be deemed that the defendant lost the ability to discern things, make decisions, or did not reach a weak state in light of the method of crime and the defendant's behavior before and after the crime of this case.
This part of the defendant's assertion is not accepted.
The victim, who was in contact with the defendant for the reason of sentencing and was found to have a compromise, immediately predicted industrial knife, face and chests, etc. on several occasions under the above, and immediately after the victim was hospitalized in an emergency room at the Kanam Hospital at the Kanam University. The victim was hospitalized in the Kanam Hospital at the Kanam University and received an operation for more than four hours. The method of the crime of this case is harsh, and the victim was seriously brue to the extent that normal life is difficult after the surgery.