폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not more than ten 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 April 10, 2013, the Defendant: (a) around 05:20 on April 10, 2013, on the ground that the victim D (20 years of age) who drinking alcohol together in a restaurant located in Mapo-gu Seoul Metropolitan Government would have expressed a desire for the mother of the Defendant at middle school, and (b) caused bodily injury, such as two parts of the victim’s head, one time, and the victim’s head was able to know the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;
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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [the decision of types] violence (special injury) / [the scope of recommendations] 2-4 years from 2-4 years (the decision of sentence] of the defendant's main sentence is a major crime.
However, in light of the fact that the defendant is divided, and the defendant has expressed a desire to her mother under the state of mental and physical disability while under the influence of alcohol, it was the cause of causing bodily injury to her mother. The defendant still has no criminal record other than the juvenile protection case at the age of 20 years, and the defendant has no criminal record other than the juvenile protection case, and all other circumstances that conditions for sentencing, such as the age, character and conduct, environment, and circumstances after the