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
Defendant on October 20, 2013 Dog-si C around 01:30 on October 20, 2013
During drinking together with the victim E (age 30) in the room, the victim does not drink, walk the body of the defendant, walking the body of the defendant, and breaking the bath, the victim is tightly walked, walking the face of the victim one time, walking the face of the victim, drinking the alcohol, drinking out of the room, and then coming out of the room.
The victim, who is seated on the alley of the embankment, flive face, flive brick (15 cm, 18 cm in length, 6 cm in height), which is a dangerous object in the surrounding area, was flived by cement brick (15 cm in length, 18 cm in height, 6 cm in height), and the victim obstructed the face by hand, and caused the victim's injury, such as the right side, flick, flick, and the inner heat, for about two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the reasons for the punishment in prison);
1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] : (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodily Injury) (1 year and June 2) (1 year and June 6) in the mitigation area (1 year and June 6) (2 year and June 1 year and June 3 year in the suspension of execution / (1 year and June 1 year and June), the Defendant’s liability for the crime cannot be deemed to be negligible; (b) the Defendant appears to recognize and reflect his/her mistake; (c) the Defendant agreed to do so with the victim; (d) the injury was not severe; and (e) the Defendant selected a suspension of execution.