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 of the final judgment.
Punishment of the crime
On March 11, 2014, at around 18:25, the Defendant, at the D restaurant located in Suwon-gu C, Suwon-si, Suwon-si, the Defendant, drinking alcohol with the victim E (the age of 50) and had a dispute while talking about.
이에 피해자가 싸움을 피하기 위해 자리에서 일어나 밖으로 나가자, 피고인은 위 피해자를 따라가 위험한 물건인 소주병으로 피해자의 목과 좌측 머리를 각 1회씩 가격하고 발로 피해자의 몸을 수회 찼다.
As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, such as the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A written statement;
1. The defendant alleged that he had no memory at the time of the crime of this case by stating that he was in a state of mental disorder or mental disorder by being drunk at the time of the crime of this case. However, according to each of the above evidence, even though he was aware that he had drinking alcohol at the time of the crime of this case, he did not have the ability to discern things or make decisions.
The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.
Application of Statutes
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 (Considerations, etc. agreed with the victim);
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing guidelines for sentencing under Article 62(1) of the suspended sentence are minor injuries as special injury groups, and as there is an intention of not to impose punishment, the defendant is against the defendant within the recommended range of the special mitigation range, and the relationship between the defendant and the victim, and the defendant has no criminal records exceeding