폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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
At around 22:00 on December 18, 2013, the Defendant, at “Dju” located in Sinsan City C, performed alcohol with the victim E (50 years of age) and alcohol as a result of the drinking value, and the head of the victim, which is a dangerous thing, was cut one time to the head of the victim, and caused the victim to put the head of the victim on the side of the number of days of treatment.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Statement made by witnesses E in the fifth trial records;
1. Application of Acts and subordinate statutes to investigation reports (componating copies of victim E-medical records);
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act
1. The defendant and defense counsel asserted to the purport that the defendant was sealed with the urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgicals, and that the urgical urgical urgical urgical
2. Comprehensively taking account of the following circumstances acknowledged by the evidence of the judgment, the Defendant’s head may be found to be the victim’s head, and such assertion is not accepted.
① At the time of the instant case, the Defendant, the Victim, the F, and G were drinking together, and H, the drinking house owner, was also located in the same place, and as seen earlier, the statement made by the person who was at the time was in the same place was dismissed. We examine who was credibility of the statement.
② The witness F and H made a statement in this court to the effect that the Defendant was faced with the fluor in a drying season by smugglinging the fluorum by hand, and the victim took the right head thereafter, and conforms with the Defendant’s assertion and substitution.
③ At this court, the witness G was sealed by the Defendant as his son, and the son G was on the table.