폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
1. The defendant shall be punished by imprisonment for three years;
2. Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
Around 03:00 on January 29, 2013, the Defendant heard from the victim C (math, 44 years of age) and the victim who was under drinking alcohol, the Defendant sent the victim a phone call on the ground that the victim is unlured.
On January 29, 2013, at around 03:50, the Defendant: (a) placed the knick, which is a dangerous object in the vicinity, in front of the E-way located in Chungcheongnam-gun, Chungcheongnam-do; (b) waited for the victim at the above place; (c) placed the victim’s knick on one occasion to the end of the part of the victim; and (d) placed the victim’s left side knickbbbbbbbbbs on two occasions with the hand; and (c) took one time to the victim’s left chest.
As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as lupage cupage 9 on the left-hand side, which requires approximately four weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. Each statement made by the police officer in F and G;
1. On-site photographs, each injury diagnosis certificate, each description of victim's photograph, or the application of video 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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;
2. Aggravation of the sentencing criteria [Determination of types of punishment] district of violent crime, range of punishment for habitual injury, repeated injury, special injury [Scope of recommendation]: Imprisonment with prison labor for three years or more to five years: Neither penalty is imposed nor special aggravation factors: Gross severe injury and cruel method of crime.
3. Determination of sentence: Three years of imprisonment; and
4. Whether or not to suspend the execution: 5 years of the suspension of execution [main reasons for the suspension of execution] positive: Crimes of carrying dangerous articles, serious bodily injury (general reasons for the suspension of execution): Urgency, and detention of the defendant is excessive to the family members;