폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
At around 05:30 on May 11, 2014, the Defendant, while drinking alcohol at D main points located in SA at SA at SA, without any reason, brought an dispute between the Defendant and the instant victims E (the age of 27) who were seated on the flab B, without any reason.
The Defendant: (a) caused the victim to suffer from a defect that the victim tried to strife in dispute; (b) caused the victim’s head to the victim; and (c) inflicted injury on the victim, such as cerebral cerebral lety in the days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding F;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports (Submission of medical records of victims E);
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. It is so decided as per Disposition in consideration of the following: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act (recognition of the grounds for discretionary mitigation) has the history of having been sentenced to a fine and a suspended sentence of imprisonment for the same kind of crime; (b) the instant crime committed by the Defendant, without any particular reason, is due to a small-scale illness, which is a dangerous object and at the expense of the victim’s head, causing bodily injury to the victim; (c) the Defendant is against the victim; (d) the degree of injury to the victim is relatively minor; and (e) the victim is not subject to punishment for the Defendant; and (e) the Defendant has been consistently receiving mental treatment due to a promination disorder, and (e) the Defendant is able to faithfully perform his duty of military service if he completely recovers.