폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 23:45, 2015, the Defendant, while taking part in the victim C(49 years of age) and drinking alcohol at the old-ro 7, Gwanak-gu, Seoul Special Metropolitan City on the street near the Do-ro, Do-ro, 7, the Defendant inflicted injury on the victim’s face from the left eye with a knife-car (11cm in knife length) which is a dangerous object in possession of the knife and knife the victim’s knife and knife at the request of the Defendant who would bring the water to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to visit the site;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) committed the instant crime in knife, a dangerous article by the Defendant. In light of the nature, degree, etc. of the instant injury suffered by the victim, the nature of the crime is very poor.
Although the past criminal defendant had been punished for the same kind of crime, it is necessary to strictly punish the crime of this case considering the circumstances that the criminal defendant committed the crime of this case.
However, the facts of the crime in this case are recognized by the defendant, the fact that the defendant committed the crime in this case by drinking, the fact that the defendant seems to have committed the crime in this case by contingency, and the victim's wish not to be punished, etc. are considered as favorable circumstances for the defendant. In addition, the conditions of various sentencing specified in the records and arguments, such as the defendant's age, sex, environment, occupation, family relationship, health condition, etc., shall be comprehensively considered, and the punishment as ordered.