폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and 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 March 31, 2015, around 06:15, at the main point of the Eunpyeong-gu Seoul Metropolitan Government 1st floor “D”, the Defendant argued that the drinking house proprietor and the ebbbbbial together were subject to control by the victim E (the age of 44). The Defendant dumpted the ebbbbial, and ebbs and bed the ebs and beds, which were dangerous things on the table, and ebs and ebs and cut off the ebs and ebs and ebs.g., the Defendant d’s head.
As a result, the Defendant carried dangerous things with the victim, and caused injury to the victim due to treatment days, such as tearing the left head part and 3 thring.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of each statute on photographs;
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. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] Special Bodily Injury (Special Bodily Injury) In the area of mitigation (one year and six months to two months) [Special Mitigation] [Determination of Sentence], Defendant has the record of being punished by a fine due to the same kind of crime, and there is a high risk of the instant crime.
However, it seems that the degree of injury of the victim is not severe, the victim does not want the punishment of the defendant, the defendant's wrong recognition and reflects, the defendant has no record of punishment heavier than the fine, and other various circumstances that are conditions for sentencing, such as the background of the crime in this case, circumstances after the crime, the age, character and conduct of the defendant, and the environment, shall be determined as the sentence as ordered.