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
At around 22:00 on June 15, 2015, the Defendant talked with the victim E (50 years of age) who was the general secretary of the early axis conference located in Busan Nam-gu, Busan, for embezzlement of public funds of the early axis conference. While the Defendant suffered damages due to the above embezzlement of the victim, the Defendant stated that “the Defendant should not be held liable as the president” of the amount embezzled by the victim. However, the Defendant took two times the head of the victim, who was a dangerous object on the table, caused the injury to the victim, and caused two tear of the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the Acts and subordinate statutes governing injuries and field photographs;
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 (The following extenuating circumstances among the reasons for sentencing):
1. In light of the following circumstances, the reason for sentencing under Article 62(1) of the Criminal Act (i.e., repeated circumstances favorable to the reasons for sentencing) and other factors indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the Defendant to the instant crime, means and consequence of the instant crime, and the circumstances before and after the instant crime, it is deemed reasonable to suspend the execution of the instant sentence only once more than is isolated from society for a long time by sentencing the Defendant’s imprisonment with prison labor, and thus, the enforcement of the sentence is determined as ordered.
D. Unfavorable circumstances: The nature of the crime of this case is extremely poor for the defendant to take the head of the victim due to a small-scale illness, which is a dangerous thing.
The defendant recognized the crime of this case.
The defendant shall be subject to criminal punishment for the same crime.