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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 01:00 on June 6, 2014, the Defendant: (a) suffered bodily injury, such as bodily injury, etc., to the victim’s head, by taking care of the victim’s head into consideration; (b) the victim E, who had drinking alcohol, was in danger of slicking, on the ground that the victim E had slicked the drinking; and (c) the victim’s head was at risk of slicking; (d) the victim’s head was at risk of slicking.
Summary of Evidence
1. Defendant's legal statement;
1. Each E statement;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The positive circumstance of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, such as the following: (a) the type 1 of habitual injury, repeated injury, special injury (a repeated injury, special mitigation) [Special Mitigation] and minor injury, and not subject to punishment (a person subject to special mitigation from September to February) [a sentence] [a] imprisonment with prison labor for a year and six months; (b) the sentencing prior to the suspended sentence for a year and two years; and (c) the fact that there was no record that the defendant was sentenced to a fine exceeding the fine; and (d) the defendant appears to have taken an attitude to repent in depth after recognizing his mistake; and (e) the defendant had been sentenced to a fine three times prior to the instant crime, but has not improved character and behavior again, taking into account the negative circumstances and other defendant's age, character and behavior, environment, background and consequence of the instant crime, result of the instant crime, and the circumstances after the instant crime and the records.