폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 of the final judgment.
Punishment of the crime
1. On September 12, 2014, around 00:43, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed a crime of violation of the victim D (the age of 34) within the dwelling area of the original state of the Republic of Korea. On September 12, 2014, the Defendant, while drinking together with the victim, was under drinking together with the victim, followed the victim’s head by drinking with his/her head, leading the victim out of the entrance of the said dwelling area, led the victim’s head, leading the victim out of the front entrance of the said dwelling area, followed by a steel waste bris, which is a dangerous article in the ma, and led the victim’s body.
As a result, the defendant carried dangerous objects and put the victim into the right side side where it is impossible to know the number of days of treatment.
2. Around 03:00 on September 12, 2014, the Defendant intrusiond the said victim’s residence in front of the said victim’s residence, entering the said victim’s house, going beyond the said victim’s house gate to the said house gate for himself/herself.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the case-related photographs and the Acts and subordinate statutes on the damaged party photographs;
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. (Amended by Act No. 12896, Dec. 30, 2014); Article 257 (1) of the Criminal Act; Article 319 (1) of the Criminal Act (the occupation of an injury); Article 319 (1) of the Criminal Act (the occupation of an intrusion upon residence and the choice of imprisonment) of the same Act concerning criminal facts;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the long-term punishments of the crimes of violation of the Punishment of Violences, etc. which are heavier than punishment and the injury by a deadly weapon, etc.]
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;
1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months and not more than six months;
2. The sentencing criteria shall be set; and