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 becomes final and conclusive.
Punishment of the crime
On June 2, 2015, at around 20:0 on June 2, 2015, the Defendant, while drinking alcohol with the victim E (the age of 51) together with drinking in the D cafeteria located in Daejeon-gu Daejeon-gu, Daejeon-gu, and dialogueed, her head was taken twice the victim’s head on the ground that the victim was her speech that he/she had a mind that he/she had his/her own respect.
As a result, the defendant suffered an incurable injury on the part of the victim's head.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Application of the photographic 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of recommendation] the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. / [the scope of punishment / [the scope of habitual injury, repeated crime, injury, special injury] the special mitigation area (9-2 and June ) / the minimum limit of punishment / the minor injury and non-compliance with punishment (a recommendation adjustment] / the imprisonment year and 6 months. Thus, the scope of recommendation sentence is disadvantageous to the defendant [the decision of a sentence] from June to February 16 [the decision of a sentence] / the suspension of the execution of imprisonment, the fact that the defendant was punished by a fine several times for the same crime, and other favorable circumstances such as confession, reflect, and the degree of damage, the fact that the defendant was not punished under an agreement with the victim: the defendant's age, family relation, etc.: the sentence of imprisonment, the probation order of the defendant;