폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
A defendant shall be punished by imprisonment for not less than one year and 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 March 7, 2013, the Defendant: (a) around 22:15, at the main point of “E” of the Victim D’s Operation in Gumi-si, Sinsi; (b) while drinking alcohol with the Victim F (43 years of age) known to the general public; and (c) the victim took a bath. In so doing, the Defendant destroyed the victim’s instant timber case in an amount equivalent to KRW 15,00,00, 15,000, at the market price of the victim’s D’s market, where the victim was able to take care of himself/herself, including beer’s disease, which is a dangerous thing on his/her customer.
Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim F, and damaged the property owned by the victim D.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. On-site photographs;
1. Application of Acts and subordinate statutes to medical certificates and opinions;
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 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment of Violences, etc. which is heavier than punishment, as a concurrent crime for the punishment prescribed in the Punishment of Violences, etc. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. A crime of violation of the Punishment of Violences, etc. Act (a decision of type): A crime of habitual injury, repeated injury, special injury, repeated injury, special injury, and damage to property: A crime of habitual injury, repeated injury, special injury, and damage to property: A crime of which sentencing guidelines are not set [a special offender] - A mitigated element: A mitigated element;