폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for 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
On November 22, 2013, the Defendant: (a) around 00:05, at the house of the victim D (28) located in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant moved into the first floor of the victim’s house of the victim, who was in the influence of alcohol, and went off with the second floor door of the victim’s second floor by laying down the entrance of the victim’s house without any reason.
Accordingly, the victim opened the entrance and asked her ‘drash,' and asked her ‘drash,' and then assaulted the victim with the excessive excess, which is a dangerous object, after putting the part of the victim once again, due to a sudden drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Application of Acts and subordinate statutes on police seizure records and list of seizure;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;
1. As to the assertion of defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserts that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the crime in this case. Thus, according to the evidence mentioned above, the defendant was found to have a drinking at the time of committing the crime in this case, but did not have the ability to discern things or make decisions due to it.
The above assertion cannot be accepted as it seems to be in a state or weak condition.
The reason for sentencing (Scope of Recommendation), violence crime group, crime (type 6), mitigation area, imprisonment from April to February (the scope of punishment), imprisonment from June to 15 (whether suspended sentence is suspended or not): The main reason for carrying a deadly weapon or other dangerous article: The reason for writing a major reason for carrying a deadly weapon or other dangerous article: A person who has been sentenced to suspended sentence at least twice.