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
On July 14, 2014, around 05:30 on July 14, 2014, the Defendant: (a) neglected the Defendant, and (b) neglected the Victim E (the 48 years of age) under the normal age in the “D” located in the Incheon Cheongjin-gun, Incheon, on the ground that the Defendant: (c) neglected the Defendant; (d) pushed the Victim’s breath and arms; (d) was pushed back with the Victim’s bather bat and arms; and (e) was batd with the
As a result, the defendant carried dangerous things and inflicted an injury upon the victim's non-exploitive injury caused by the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol regarding E;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) 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. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following grounds for sentencing)
1. Application of the sentencing guidelines [type of crime] domestic violence, habitual injury, repeated injury, special injury, habitual injury, repeated injury, repeated injury, special injury (type 1) (special person): Reduction element of punishment and recovery from damage (determination of the recommended area and scope of recommended punishment] mitigated area: Imprisonment with prison labor for a year and six months from June to two years and six months from June [Suspension of Execution] mitigated area; serious reflectness;
2. The sentence shall be determined in the same way as the order, comprehensively taking into account the following factors: (a) the Defendant agreed with the victim to the sentence; (b) the degree of injury is not serious; and (c) the background of the offense; and (d) the Defendant’s age and environment; and