폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
1. The defendant A shall be punished by imprisonment with prison labor for two years and imprisonment with prison labor for one and half years; and
2.Provided, That this judgment has become final and conclusive.
Punishment of the crime
1. Defendant A, at around 22:05 on August 14, 2013, on the grounds that the victim B was in bad condition in front of the “G” restaurant located in Seosan-si F, Dasan-si, the Defendant turned the knife, which is a dangerous object in dispute with the victim, and served as the part of the victim’s knife once.
As a result, the Defendant got off the victim's body who was unable to know the number of days of treatment.
2. At the time and place described in paragraph (1) above, Defendant B met the victim’s head, etc. with a hack pipe (90cm in length) that is a dangerous object in the surrounding area against the victim’s act.
As a result, the Defendant inflicted an injury on the victim, such as the second diagnosis, in which the number of days of treatment can not be known.
Summary of Evidence
1. The legal statement of Defendant A and some of Defendant B’s legal statement
1. Each legal statement of the witness H and I;
1. Application of each of the copies of each photograph, emergency medical record, or video statutes;
1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act
1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendants on probation, order to provide community service and attend lectures: Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);
2. Sentencing criteria:
(a) Defendant A [Determination of Punishment] Group of Violence Crimes, Class A (Special Bodi Injury) of Habitual Injury, Habitual Injury: Imprisonment with prison labor for a year and six months to two years and six months: No special mitigation factor: No special aggravation factor;
(b) Defendant B [Determination of Punishment] Violence Crime Group, Habitual Injury, Bodi Bodi Bodily Injury Group 1 [Scope of Recommendation] Special Mitigation Area: Imprisonment with prison labor for 9 months to 2 months from 9 months to 3 months: considerable liability of the victim, non-conformity with punishment / Special Aggravations: None of them.
3. Determination of sentence: