폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On July 10, 2013, at the construction site located under the third floor of the building C in Geumcheon-gu Seoul Metropolitan Government, and the defendant tried to listen to the victim's opinion that "I am wise and I am am h," due to a conflict between the victim D (the age of 42) and the work process, which was employed as a daily worker at the site of the third floor of the building C in Geumcheon-gu, Geumcheon-gu, Seoul, and assaulted the victim with a dangerous object by taking two times the head part of the victim's head, which is a dangerous object on the floor.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses D and E's respective legal statements;
1. Examination protocol of police suspect regarding D;
1. The Defendant asserted that the Defendant’s written statement by the police at the time of the instant case against D and E did not assault the victim’s safety hair with the intent to stop the victim’s assault at the time of the instant case. However, according to the evidence, it is recognized that the Defendant committed two assaults on the part of the victim’s head, i.e., the victim’s safety cap in the process of fighting the victim’s body.
Therefore, the defendant's above assertion is not accepted.
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 260 (1) of the Criminal Act (the occupation of violence against carrying dangerous objects);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the risk of the crime, the defendant should be held liable with strict liability. However, the defendant has no record of punishment for the same kind of crime, and the defendant appears to be a somewhat contingent crime, and the defendant was assaulted by the victim during the crime. The summary of this part of the charges is as stated in its reasoning.