폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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
1. The defendant is in violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and living together with the victim C (the age of 45 and remaining).
At around 01:10 on January 19, 2013, the Defendant, at the main point of “E” located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Dong-gu, Chungcheongnam-gu, and sought for the above victim under the influence of alcohol. B, the Defendant collected the glass residues, which was a dangerous object on his/her customer, toward the head of the victim, and had the victim’s two strings where the number of days of treatment could not be known.
2. The Defendant damaged property at the time and place as referred to in Paragraph 1, by gathering four free son F owned by the victim F, and one son at a rupture on the rupture of the said place for the foregoing reasons, and destroying property equivalent to 34,000 won in total.
3. On January 21, 2013, the Defendant affected the building by entering the building into the “H” store operated by the victim C in Dong-gu, Nam-gu, Dong-gu, Seoul Special Metropolitan City on the day of January 21, 2013, and after going through the entrance, the Defendant invaded the building managed by the victim by entering the said “H” store via the entrance.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and F;
1. Application of the Acts and subordinate statutes to photographs showing on-site photographs and damaged parts of the victim;
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of injuring a dangerous article), Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion upon a structure and the choice of imprisonment) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that the victim's damage is not serious)
1. Sentencing criteria;
(a) Class 1 (Crime of Violence) (Extent of Recommendation) is the mitigated area (one year and six months to two years) (one year and six months) (Special Mitigation) of Part 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury).