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 April 25, 2015, around 21:45, the Defendant: (a) was getting a bicycle on the front side of a commercial building in the Gyeonggi-si, the Defendant: (b) was under the influence of alcohol when the victim D (the age of 52) talks with a female dynamic E; and (c) was under the influence of alcohol to said E, “ice digging is a bad urine”; and (d) when the victim took a defective bath to the house, the Defendant carried the bicycle, which is a dangerous object, in line with the victim’s right hand hand, and carried the bicycle, which is a dangerous object, with approximately two weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. Investigation report (or relative investigation of witnesses);
1. CCTV video CDs;
1. A written diagnosis of injury;
1. Each photograph (the defendant and his/her defense counsel did not display a bicycle, but did not cause an injury to the victim by carrying a dangerous object. The issue of whether certain objects constitute “hazardous objects” as prescribed by Article 3(1) of the Punishment of Violences, etc. Act ought to be determined depending on whether the other party or a third party could cause danger to his/her life or body when using the objects in light of social norms in a specific case (see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). According to the evidence duly adopted and examined by the court, the following circumstances are revealed.
(1) A victim stated at an investigative agency that he/she was injured by the defendant as he/she left the bicycle at his/her head.
(2) The defendant shall also state his/her statement to the effect that he/she left the victim by taking his/her bicycle on his/her hand, and the victim has observed the bicycle while getting bicycle out of the floor.
③ According to CCTV images, the Defendant and the victim did not have any act of special injury during the process of putting a bicycle with each other and admitting a rooftop, but thereafter there was no act of injury.