폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight 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
1. At around 11:00 on April 16, 2014, the Defendant: (a) 11:00, at the Defendant’s first place of residence of the Victim D (20 years of age) of Hong-gun Hong-gun Office Officetel 203, the Defendant: (b) took a bath on the ground that the victim refused to assist the Defendant; (c) took a three-way tool near the Defendant’s place; and (d) took a beer of the Victim’s disease, which is a dangerous object, was assaulted to the victim.
2. On April 18, 2014, at around 18:50, the Defendant: (a) took a bath for the Defendant’s second son F (the age of 18) who was a place where the said D was a director; (b) took a smell for the Defendant that the Defendant was fright to the right knee of the victim; and (c) took a smell for the Defendant’s second son’s fright to the right knee; and (d) assaulted the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and D;
1. Application of Acts and subordinate statutes governing photographs of victims;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Decision on the grounds for sentencing under Article 62-2 of the Criminal Act on Probation [the scope of punishment by law] : Imprisonment with prison labor for not less than 6 months but not more than 22 years and not more than 6 months (Application of sentencing guidelines] : Violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) against Victims D: Violence crime, assault crime, type 6 (Habitual, Cumulative, Special Violence): The area where punishment is recommended and the scope of recommendation: Reduction area; imprisonment with labor for not less than 4 months and not more than 1 year and not more than 2 months; victim F.