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 October 5, 2013, at around 18:20, the Defendant was assaulted by the victim E (year 51) who flabing alcohol together in the D restaurant located in Gangnam-si C, and on the issue of the drinking value, the Defendant flabeded the flab by using flabing, etc. from the victim, which is a dangerous object on the table. However, the Defendant flabed the head of the victim on one time by flabing the head of the flab, and flabed two open measures requiring treatment for about 10 days to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a written agreement;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of discretionary punishment: Imprisonment with prison labor for one year and six months-15 years;
2. The scope of the recommended sentence on the sentencing guidelines [decision of type] the category of violent crime group, special injury (special person in special form) - mitigated element: in a case where the injured party is fully responsible for the occurrence of a crime even, agreement [the scope of the recommended sentence area and the range of the recommended sentence] special mitigation zone: September -26 [the relationship between the scope of the recommended sentence under the sentencing guidelines and the scope of the legally applicable sentencing range] - in a case of inconsistency, the legally applicable sentencing range shall be followed. In this case, the final sentencing range of June 2, 196.
3. As above, in consideration of the fact that the Defendant, other than the above special prisons, has no record of criminal punishment for the last forty years, the sentence shall be determined as above.
It is so decided as per Disposition for the above reasons.