폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for six 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
At around 15:30 on May 2, 2014, the Defendant, while under the influence of alcohol, expressed the victim’s desire to detect the victim D (the age of 66) and, without any special reason, took a plastic water protection device, and assaulted the victim by continuously taking a bath to the victim, using a dangerous object for the string of the straw farm.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness D;
1. Examination protocol of the accused by the prosecution (including the substitute part);
1. Statement by the prosecution concerning D;
1. Application of Acts and subordinate statutes on records of the case site photographs
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by this court as follows: (a) the victim has consistently stated the circumstances at the time of the instant case from the investigative agency to the court; and (b) the victim appears to have no special reason to make a false statement for the punishment of the defendant; (c) the credibility of the victim’s statement is recognized; (d) based on the victim’s statement and the evidence mentioned earlier, it is recognized that the Defendant committed an assault against the victim, such as the victim’s criminal facts.
The circumstances that are disadvantageous to the reason for sentencing: The poor quality of the crime in light of the form of the crime, the tool of the crime, etc., the denial of the crime by the defendant, and the consent of the victim or the consent of the victim is not excessive: there is no record of the crime exceeding the fine of the defendant, and the body of the actual victim.