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 this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2015. 7. 23. 20:15경 안양시 만안구 C에 있는 ‘D’ 주점 18번룸에서, 피고인의 여자친구 E와 과거 연인관계였던 피해자 F(19세)와 술을 마시던 중, 최근까지 피해자가 피고인의 여자친구와 연락을 하고 성관계도 맺은 사실을 알게 되자, 그곳 테이블 위에 있던 소주병을 깨트린 후 위험한 물건인 깨진 소주병을 피해자의 얼굴 근처로 들이댔다.
Accordingly, the victim was able to attach the shoulderer's disease to his hand, and the defendant was pushed ahead of the victim's face.
Since then, the defendant laid down a shouldered small-scale disease, laid down the victim's head several times with the hand floor, and laid down the victim's head on the right side which requires treatment for about two weeks by breaking down the breath with his hand.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of partial police interrogation of the accused;
1. The police statement concerning F;
1. Investigation report (the degree of intentional injury and social criticism);
1. The defendant and his defense counsel asserted that, as stated in the facts of the crime in the judgment of the defendant, the victim's face is frightened, but only frightened, and there was no intention of injury.
However, according to the aforementioned evidence, the following circumstances revealed: (a) the Defendant was pushed a shouldered softener’s disease toward the victim’s inner part; (b) the Defendant’s hand, who took the Defendant’s hand to defend the victim, was frightened from about 5 seconds to 10 seconds to the victim’s face; and (c) there was an injury to the victim in the process; (d) even if at the time of the crime of this case, the Defendant was pushed a shouldered to the victim’s face.