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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 26, 2014, around 18:30 on December 26, 2014, the Defendant: (a) on the 46th national highway in Gyeonggi-gun C, the Defendant boarded the vehicle with the victim E; (b) on the 46th national highway in front of the Gyeonggi-gun D; (c) but the Defendant asked the victim to close the window, but the victim refused it, and (d) at the same time, was at the risk of prior possession of the victim, resulting in the victim’s left side head, etc., the Defendant left side of the medical treatment day.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Police seizure records;
1. Application of the Acts and subordinate statutes to the victim's body, body and clothes photographic pictures;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the range of recommending punishment] The mitigated area (one year and six months to two years] (a special mitigation person] the mitigated area (one year and six months to six months): Imprisonment with prison labor for a year and six months from one year to six months from the date of the suspension of the execution of the execution of one year and six months, and three years from the date of the suspension of the execution of the execution of one year and six months: The injury to the victim in a multi-purpose knife which is a dangerous object and the nature of the crime is bad;
(k) favorable circumstances: Bans on one’s mistake, the fact that the victim agreed smoothly with the victim, and there is no particular criminal history in Korea;
In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.