폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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
At around 19:00 on January 2, 2014, the Defendant, at the main point of “D” in Gangnam-gu Seoul Metropolitan Government, on the grounds that the victim E (the age of 61) occupied and play a stage, and that the victim E (the age of 61) had physical dispute with the Defendant for the purpose of taking a stage with the Defendant’s daily behaviors, the Defendant saw the victim’s head head part one time with an empty disease, which is a dangerous object on the table, and led the victim to tear the head part of the victim’s head part, and put the victim to the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused (including the substitute part);
1. Statement of the police statement of E;
1. Application of the photographic Acts and subordinate statutes;
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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (i.e., grounds for discretionary mitigation) is poor since the defendant has been suffering from injury to the head of the victim due to an empty beer disease. However, although the defendant was the first offender, and his mistake is divided, and in the trial, the victim has been placed in the preference against the defendant again by mutual consent with the victim, and other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime, etc., shall be determined as ordered, taking into account the following circumstances.
It is so decided as per Disposition for the above reasons.