폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 of the final judgment.
Punishment of the crime
At around 22:50 on June 22, 2013, the Defendant: (a) committed assault, such as, on the part of the Defendant, the victim C, who was frightened and returned home while she was frightening to a large amount of breath in the influence of alcohol by opening a studio 401, the Defendant used transition (22 cm in length, 11 cm in length) which is a dangerous object at the Defendant’s home (11 cm in length) and the Defendant’s display it to prevent it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Police seizure records;
1. The photograph of each seized article, the victim's photograph, and the body and photograph of the victim;
1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements made by victims and witnesses D);
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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;
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has a history of criminal punishment more than twice or more for violent crimes; in particular, around February 1996, the defendant was sentenced to imprisonment for six months, suspension of execution 1 year, suspension of execution 1 year, suspension of execution 1 year, suspension of execution 1 year, and obstruction of performance of duties on or around June 2008; the crime of interference with business committed 8 months, suspension of execution 2 years; the crime of interference with business committed on or around November 2009; the social harm caused by so-called so-called "bomb" and the risk of committing the crime of committing the crime of this case by carrying a deadly weapon is very serious.
However, the defendant has expressed his intention that the defendant should not be led to a confession in this court, and that the victim does not want the punishment.