폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around April 30, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with deadly weapons, etc.) (around April 21:48, 2014, the Defendant saw the victim E (the age of 35) of sexual intercourse with the victim E (the age of 35) within the main point of “D” located in Dongjak-gu Seoul Metropolitan Government, and put the victim’s head at two times with the 500cc beer balance, which is a dangerous thing on the table, and puts the victim’s face, such as the victim’s head, and continues to put the victim’s back his/her left side with the 100cc beer balance.
2. The Defendant damaged the property damage at the D main points specified in Paragraph 1, operated by the Victim F, with the same background as that specified in Paragraph 1, and damaged the victim’s market price, such as destroying the above main points to E beyond E, and cutting the main points to E with its impact, and lowering the aforesaid main points to the bottom due to its shock, thereby damaging or destroying them.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police statement of E and F;
1. Application of each statute on photographs;
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
4. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of recommending a person to commit a violation of the Punishment of Violences, etc. Act (a collective injury, such as a deadly weapon): One year and six months from June to June (a period of mitigation);
2. The crime of causing property damage is not subject to the sentencing criteria;
3. Circumstances disadvantageous to the decision of sentence: The degree of damage inflicted upon the victim E is the most favorable factor: the confession, the fact that the damage was committed against the victim E and F; and