폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than eight 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
The defendant was known to the victim B from 20 years ago.
around 04:09 on November 7, 2015, the Defendant, at the D main points located in Ansan-gu, Ansan-si, the injured party, while drinking together with the injured party, sustained the injury of the injured party's head due to the number of days of treatment when the injured party’s head was treated in favor of the injured party's head, which is a dangerous thing for the victim's head.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of statutes on site photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The offense of special injury on the grounds of sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guidelines are not set.
The crime of this case is an unfavorable circumstance to the defendant, such as the injury inflicted upon the victim's head in light of the method of the crime, which is a dangerous article, and the fact that the defendant has been punished several times for the same crime is not good in light of the method of the crime.
However, in consideration of the circumstances favorable to the defendant and the overall sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the injured person does not want the punishment of the defendant, the extent of damage caused by the crime of this case is relatively minor, and the defendant recognizes and reflects his mistake, the punishment such as the order shall be determined.