폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 became final and conclusive.
Criminal facts
The Defendant, around 19:00 on August 25, 2012, while drinking alcohol together with the former male-friendly arrest victim D(52 years of age) at the Daegu-gu C cafeteria, Nam-gu, Daegu, on the ground that the victim interfered with and interfered with the drinking alcohol, the Defendant left the part on the left side of the victim’s back, citing beer disease, which is a dangerous object on the table.
As a result, the Defendant inflicted injury on the victim, such as the number of days of treatment on the part of the massage.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Application of the Acts and subordinate statutes governing the body image photographs of the victim;
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. 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. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the instant crime constitutes a special injury by violent crime group, and the scope of the recommendation is either one year and six months to two years and six months (excluding mitigation area - punishment).
Since the defendant prices the important parts of the victim's body with dangerous things and inflicts bodily injury on the victim, it is inevitable to impose strict criminal punishment corresponding to the responsibility for the crime.
However, the victim expressed his intention that he does not want the punishment of the defendant from the police, the defendant has committed a crime by pening his wrong facts and led to the confession of the crime, and the present situation where the disabled persons who are see the defendant's prior wife are considered, and all kinds of punishment shall be determined like the order in consideration of the two factors.