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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 00:10 on October 15, 2013, the Defendant: (a) had two daily work days, including the victim D(the age of 61) and two, the Defendant had a kitchen kitchen (the length of 20cm, 12 cm) which is a dangerous object in the kitchen, on the ground that there has been a harmony; (b) had a kitchen (the knife 20cm in the knife, 12cm in the knife); and (c) had a knife and the part left side of the victim one time to the victim for treatment of approximately 28 days, and had an open part of the knife and the part in the knife of the knife.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of E and D;
1. Records of seizure and the list of seizure;
1. An injury diagnosis certificate (D);
1. Application of Acts and subordinate statutes concerning the upper part of the victim's wife and knife photograph;
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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)
1. Article 62 (1) of the Criminal Act on the suspension of execution (3) (3)
1. Social service order under Article 62-2 of the Criminal Act;
1. The facts constituting the crime on the grounds of sentencing of Article 48(1) of the Criminal Act are crimes falling under Category 1 of habitual injury, repeated injury, special injury, etc. according to the sentencing guidelines. However, there are no particular aggravated factors, and there are “unguilty for punishment” as mitigation factors. Thus, the sentence is determined as ordered in consideration of all the circumstances indicated in the trial and records of the instant case within the scope of sentence scope of mitigation area.
On the other hand, the reasons for suspending the execution of punishment are as seen earlier.
One reason for the main reason for the suspension of execution under the sentencing criteria (where a person commits a crime by carrying a deadly weapon or other dangerous objects) and one reason for the main pride (where a person is not subject to punishment, he/she may choose the suspension of execution of sentence or the suspension of execution of sentence