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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 7, 2014, the Defendant continued to drink with the victim D (year 54) at the defendant's house located in Sinpo City C on September 21:25, 2014, on the ground that, while drinking alcohol together with the victim D (age 54), the victim's face would be five times in drinking, and the victim's satis, which is a dangerous thing located therein, was cut back once again, and the victim's math was laid down around the right eye in need of treatment for about 10 days.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. A medical certificate;
1. Application of the law of the case-related photograph (Evidence No. 12 pages)
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:
2. Determination of the scope of sentence: A mitigation area, there are at least two special mitigation persons in one year and six months, but the lower limit of the scope of sentence may not be mitigated according to the lower limit of the applicable sentences in law; or
2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)
3. The sentencing guidelines shall be set within the scope of sentencing guidelines and the execution thereof shall be suspended, taking into consideration the following factors: the decision of sentencing and the suspended execution of sentence are recognized and against the defendant's mistake; the victim does not want the punishment of the defendant; the defendant has no record of criminal punishment exceeding the fine; the defendant's age, character and conduct, family relationship, etc.