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 three years from the date this judgment became final and conclusive.
Punishment of the crime
At around 01:35 on April 10, 2015, the Defendant suffered bodily injury, such as the victim E (the 48-year old) who was working partner in D’s restaurant, and the victim’s flably had a minor dispute with D’s flab, which was a product dangerous to the Defendant’s flabing and pushed away with his hand, caused the victim’s flab, so long as the head part of the victim’s head was unflabed, and the victim’s head part was teared and flabed.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the interrogation of suspects of E;
1. Application of Acts and subordinate statutes, such as field inspections, photographs of the upper parts, etc.;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the mitigated area (one year and six months to six months), the mitigated area (including a person who has been specially mitigated), the punishment not having been applied (including a serious effort to recover damage), or considerable damage has been restored (the decision of sentencing] (the crime of this case is a crime in which the defendant's head was taken out by a minor disease and thus, could have been seriously injured to the victim, and thus, the defendant needs to be punished corresponding thereto.
However, the above punishment shall be determined by comprehensively taking into account all the sentencing factors of the instant case, including the fact that the Defendant is both aware of and against the Defendant’s crime, the fact that the victim does not want to punish the Defendant, the first offender, and the fact that the Defendant appears to have committed contingently under the influence of alcohol. The background of the instant crime, the degree of injury the victim sustained, the age, environment, circumstances after the crime, and relationship with the victim.