폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for six months.
except that 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
On April 18, 2014, around 23:22, the Defendant assaulted the Victim E (50 years of age) who was under the influence of alcohol and other dangerous articles ( approximately 130cm in length, approximately 20cm in diameter, and about 20cm in diameter), which were in danger of surrounding areas, in front of the “D Company” staff accommodation in Jeju.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol regarding E;
1. The statement of each police officer made to F and G;
1. Application of Acts and subordinate statutes, such as field ctv closure photographs;
1. Relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: A suspended sentence shall be imposed as ordered in consideration of all the following circumstances, including the recommended sentences [the scope of sentence [the crime of violence, assault crime, type 6 (Special Violence), mitigation area (special mitigation area], revision of the recommended minimum sentence (one year and two months of imprisonment) by the lowest limit of the applicable sentences in June] and the following circumstances on the grounds of sentencing under Article 62(1) of the Criminal Act (the sentencing conditions under Article 51 of the Criminal Act as stated in the grounds of sentencing), and other factors that are disadvantageous to the victim: (i) the recognition of and reflects the favorable criminal facts; (ii) the fact that the victim has agreed with the victim; (iii) the fact that there is no criminal record beyond the fine; and (iv) other circumstances that have the same criminal records (the crime of injury on March 23, 2010; and (iv) the circumstances after the crime was committed (the situation that the victim was injured at the time of the incident) and family relations of the defendant.