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 three years from the date of the final judgment.
Punishment of the crime
On June 15, 2015, at around 00:30 on June 15, 2015, the Defendant, at the main point of “D” located in Seongbuk-gu, Sungnam City, suffered bodily injury, such as the victim E (the age of 49) who was a fluor of an elementary school, and the horse dispute, which had been drinking together at the main point of the above main point, and the kitchen knife (the total length of 31cm, 19.5cm in length) which was a dangerous object, and caused the victim’s head part on the left side side of the treatment days on the left side.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports (including photographs of damaged parts attached thereto);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. No penalty surcharge shall be imposed for the mitigated area (one year and six months to two years) (one year and six months) (special mitigation) of the category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) (the range of recommending punishment), which falls under the sentencing guidelines;
2. Determination of sentence: Although the nature of the instant crime is not minor in light of the background, tools, and methods of the instant injury, the full agreement with the victim is reached, confession and reflects on the instant crime; and other various sentencing conditions, including the motive for the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and family environment, shall be determined as ordered by taking into account the following factors: