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 two years from the date this judgment becomes final and conclusive.
Criminal facts
On November 8, 2012, at around 18:15, the Defendant, at the parking lot of the building Daegu-gu Seoul-gu, brought a dispute with the victim D (the age of 38) who is the Defendant’s punishment and inheritance. On the ground of the outbreak, the Defendant taken away the transition (the total length of 20cm, the length of 10cm) which is a dangerous object in the outer Australia, and put the victim’s left face and left side into the face requiring treatment one time for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Application of Acts and subordinate statutes on police seizure records;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the instant crime constitutes a special injury by violent crime group, and the scope of recommending punishment is from 1 year to 6 months from 2 years and 6 months from 1 year to 3 months from 1 year and 3 months from 1 year and 2 months from
The Defendant and the victim are simple and simple, and there are circumstances to consider the circumstance that the crime of this case occurred during the two issues related to the distribution of inherited property and the support of her mother-friendly body. However, the Defendant prepared tools to commit the crime in advance, and first used violence to put in the face and the upper part of the body. The risk of the crime of this case and the risk of harm and injury are heavy.
However, the defendant confessions the crime of this case, reflects that the victim does not want punishment, that the mother wants the wife, and that all the forms of punishment are taken into consideration, and the punishment shall be determined like the order.