폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for six 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
On November 29, 2014, the Defendant: (a) around 00:42, the victim C (the age of 29) who opened a three-lane road in front of Seongbuk-gu Seoul, Seoul, along the two-lane open from the one another, was under a clause that “drawing off without permission” from the victim, who illegally crosss the road in front of the 10 meters of the Do set-off car driving by the three-lane open from the other.
Therefore, the Defendant had been in the part of the buckbucks that the victim had a dangerous object (the degree of 32 cm in total length and 12 cm in length) that threatened the victim with “packer” at one time and the victim was in possession of the dangerous object in advance.
Accordingly, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Police seizure records;
1. Application of Acts and subordinate statutes to photographs of seized articles;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] Where the degree of assault is minor (Article 1, 6, and 7) in the mitigation area (Article 48(1)6 (Habitual Cumulative Offense, Habitual Offense, Special Violence) (Article 48-1) (Article 6) (Article 1, 6, and 7) (Article 1, 6, and 7) (Article 48(1) of the Confiscation Criminal Act; Defendant reflects his/her mistake and is under hospitalized treatment as a result of alcohol addiction; etc.