폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for 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 December 1, 2014, at around 03:25, the Defendant collected fire extinguishers, a dangerous object at the location of the Defendant, from the victim E (the age of 38) who carried on drinking on the side table table and the starting point. On December 1, 2014, on the ground that the Defendant was the victim E (the age of 38) who carried on drinking on the side table, and the Defendant was the head of the victim.
In this respect, the defendant carried a dangerous object, and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to fire extinguishers photographs;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the mitigation area (including a person who has been subject to special mitigation) of punishment (including a serious effort to recover from damage) or considerable damage has been recovered from the area of mitigation (Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Punishment of Violence, it shall be deemed that the criminal liability is heavy in view of the circumstances leading to the instant crime, the degree of damage, and the fact that the defendant has the history of being punished several times as a crime related to violence. However, the fact that the defendant recognized and reflected the crime, the fact that the defendant agreed with the victim, the fact that the defendant did not have been punished for the last ten years, the age, character and conduct of the defendant, the environment and circumstances after the crime