폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On February 1, 2013, at the defendant's house located in Ansan-si B (205) around 01:20 on February 1, 2013, the defendant drinked with male and family inmates C, victims D, and went to the other place.
During the entry, the victim C reported the victim D as “self-loppy,” and spared with one another, and used the kitchen knife, which is a deadly weapon in the victim C, with the victim C’s blick, and 17.5 mm in the kitchen, which is a deadly weapon in the main room, to the left hand, and threatened the victim “the same dead,” and continued to use the kitchen knife with the victim D, and assaulted the victim D’s knife at least 6 to 7 times.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. C’s statement;
1. Application of Acts and subordinate statutes governing the scene of damage;
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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant listens to and dints to the victims' conversations while drinking alcohol together with male and female movement fees, which is the victims, and used a deadly weapon, and assaults the victims in light of the method of crime, etc., but the criminal liability is not somewhat weak in light of the method of crime. However, in the case of the victims C, the defendant recognized the crime and stated that the defendant does not want the punishment against the defendant in the investigative agency, the defendant did not have a criminal record, the defendant did not want the punishment against the defendant, and the suspended sentence is determined by discretionary mitigation of the statutory punishment by taking account of various sentencing factors, such as the fact that there is no criminal record, and the fact that it is recognized