폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence No. 1 shall be confiscated.
Punishment of the crime
At around 15:40 on May 29, 2013, the Defendant heard bathing from the victim E (the age of 55) on the street near the D market located in the Won-si, nuclear power plant around 15:40 on May 29, 2013, the Defendant followed the two-day treatment of the victim in light of the victim’s head with 11cm in the daily length and 25cm in the total length.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Records and photographs of seizure;
1. Application of Acts and subordinate statutes of a medical certificate;
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 (see, e.g., reflectiveness, agreement, etc.);
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Criteria for types of punishment and sentences [Determination of types of punishment] among violent crime group: Type 1 (Special Bodily Injury): Reduction element of punishment: None of the increased factors of punishment (the scope of recommendation). None of the increased factors of punishment: Imprisonment with prison labor for a year and six months from June to June;
2. The criteria for the suspension of execution (the main reasons for the suspension of execution as of the date of law): The positive reasons for the suspension of execution (the main reasons for the suspension of execution): If a person commits a crime by carrying a deadly weapon or other dangerous articles with him/her, he/she shall have the same criminal records (the reasons for the suspension of execution of less than five years): The serious reflect negative results of the suspension of execution at least twice
3. Determination of sentence: Imprisonment with prison labor for a year and June, since the defendant committed the crime of this case during the period of suspension of execution even though he had a previous conviction in several times, it is inevitable to sentence the defendant as a sentence.
However, in addition, in consideration of the fact that the defendant repents his mistake, the fact that the defendant agreed with the victim, etc., and the fact that the defendant is sentenced to the maximum punishment that can be sentenced by law within the scope of discretionary mitigation.