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 two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 3, 2013, at around 18:20, the Defendant: (a) sent 'D' clothes in Kimhae-si, Kim Jong-si, in the parking lot, in which the victim E (the age of 44) demanded the payment of money; (b) sent 'D' to the victim a bad character; and (c) received refinites, which are dangerous things located on the floor of the trial while making the 's hair,' while making the 'D' in which the victim’s E (the age of 44) demanded the payment of money; and (d) caused injury to the victim, such as throdin, strophy, and stroke
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes on standing photographs;
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;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. The crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") requires a strict punishment against the defendant, considering the following: (a) the crime of this case was committed by the defendant with dangerous articles by taking the head of the victim into consideration; and (b) the nature of the crime is not good; and (c) the degree of injury is not that of the victim.
However, in light of the overall sentencing conditions as shown in the argument of the instant case, such as the confession of the instant crime and the depth against the Defendant, the agreement with the victim, the fact that there is no record of punishment exceeding the fine, and the age, character and conduct, intelligence and environment of the Defendant, the motive and background of the instant crime, and the circumstances after the instant crime, etc., a suspended sentence of imprisonment shall be imposed on the Defendant as ordered.