폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
[Criminal Power] On July 19, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court, and completed the execution of the sentence on June 21, 2013.
【Criminal Facts】
At around 18:00 on July 27, 2014, the Defendant: (a) reported that the victim D(57 years of age) entered his house and E, and suffered injury on the victim’s left mouths, i.e., e., the victim’s vegetable part of the side flive part of the victim’s house one time as drinking, and (b) caused the victim’s vegetable loss, such as cage flat, etc., about 35 days in need of medical treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement to E by the police;
1. Each investigation report (Attachment, etc. of photographs, and attachment of D's certificate of injury);
1. Previous convictions: Application of each investigation report (the attachment of a suspect A's judgment and confirmation date of release) Acts and subordinate statutes;
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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Where the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (referring to cases where the punishment is deemed to have been repented, and circumstances favorable to the fact that the victim is responsible for the occurrence of a crime, etc.) of the Criminal Act for discretionary mitigation [the scope of recommending punishment] types 1 of habitual injury, repeated injury, and special injury (the scope of habitual injury, repeated injury, and special injury) (one year and six months to two years and six months) (special mitigation) of the mitigation area (one year to six months), the victim is also liable for the occurrence of a crime or the expansion of damage;