폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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 March 19, 2013, the Defendant: (a) around 02:20 on March 19, 2013, in the “E” operated by a person related to de facto marriage D (n, 38 years of age); (b) on the part of the victim, while drinking together with the victim, the Defendant saw the de facto dispute as his hand due to a family problem, etc.; and (c) on the part of the victim’s head, caused the victim’s injury to the head cover open for two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Investigation reports (attached to a written agreement and a medical certificate and the investigation of the victim);
1. Application of statutes on photographs of damage;
1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for a period of one year and six months to fifteen years;
2. Scope of the recommended sentence on the sentencing guidelines [decision of types of punishment] group of violent crime, type 1 of special injury (special person) - mitigated element: Minor injury, non-limited area of punishment (limited to the decision on the recommended area and the scope of the recommended punishment): Imprisonment with prison labor for not less than one year and six months to two years and six months [whether suspended sentence is suspended] - Major reasons for positive consideration: Insignificant injury, non-limited area of punishment - positive general consideration factors: There is no contingent crime, no criminal record of not less than a suspended sentence.
3. Determination of sentence: Imprisonment with prison labor and one year and six months, as shown in the Disposition above, for a suspension of execution of not less than two years; and