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.
Punishment of the crime
At around 20:00 on September 26, 2012, the Defendant performed drinking together with the victim D (the age of 53) who was working club in the ward 1110 of the Chungcheongnam-gun C Building 1110, the Defendant was aware of the face of the victim by her hand while arguing the problem of the use of communal living expenses. On September 26, 2012, the Defendant continued to hold a food knife (the knife knife 11cm, the knife knife 16cm) and knife knife knife knife knife knife knife knife knife the part of the victim and
Summary of Evidence
1. Partial statement of the defendant;
1. The witness D’s legal statement (the defendant was wraped with the victim, but the knife or the knife did not contain the victim’s knife). However, in full view of each of the evidence, including the witness D’s testimony and the testimony made by the investigative agency in light of the knife, consistency and rationality of the statement, and the attitude of the statement in this court, it can be sufficiently recognized that the defendant used the knife and the victim’s knife and thereby inflicted an injury on the victim)
1. Each protocol of interrogation of a police officer against the accused (including the substitute part of D);
1. Examination protocol of police suspect regarding D;
1. Records of seizure and the list of seizure;
1. Side photographs of the assault;
1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution of a sentence under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended, and community service order shall not be separately sentenced, considering various circumstances, such as the fact that the victim's bodily injury is not even visible, that the defendant is not subject to criminal punishment, that the defendant is a Chinese nationality, and that the defendant is not well aware of the Korean language, etc.);
1. Article 48 (1) 1 of the Criminal Act to be confiscated;