폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
피고인은 2015. 8. 9. 01:10경 대구 중구 C에 있는 피해자 D(29세)이 운영하는 식당에서, 피해자가 마감할 시간이 되었으니 술자리를 정리해줄 것을 요청하여 기분이 나쁘다는 이유로 그곳 테이블에 있는 위험한 물건인 소주병으로 피해자의 좌측 귀 부분을 1회 내려쳐 피해자에게 약 2주간의 치료를 요하는 좌측 귓바퀴의 열린 상처 등을 가하였다.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement made by the police on D;
1. Application of each of the Acts and subordinate statutes in the injury diagnosis report, investigation report (to attach photographs after cutting off theCCTV);
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 ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of applicable sentences under law] 1 year and six months of imprisonment [the scope of applicable sentences] 1 year and six months of imprisonment 1 year and 15 years of imprisonment (the determination of a sentence] - Types 1 (Special Bodily Injury, Bodily Injury, Bodily Injury) [the determination of the recommended area] mitigated elements - [the scope of recommendation area] mitigated areas / [the scope of suspended sentence] 1 year and six months to two years / [the scope of recommendation area] 1 year and six months / One year and six months : there is no effort to recover negative damage - there is no criminal record above positive and contingent suspension of sentence - General participation reasons - there is no criminal record above positive and contingent suspension of sentence / [the decision of sentence], but it does not seem that the defendant inflicts an injury on the victim, the fact that the victim and the defendant agreed, the defendant's behavior and the defendant's victim have reached an agreement, and the defendant has committed a contingency more than the crime of this case.