폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On November 23, 2015, the Defendant, at around 01:35, 01:35, performed drinking together with the “D” restaurant located in Suwon-si, Suwon-si, with the victim F (30 years) who is the land owner of E and E, she collected the bridge of the main branch, which is a dangerous object on the table, under the influence of alcohol, and boomed the victim’s head into several parts. In short, the Defendant inflicted an injury on the victim, such as the heart heat, which requires approximately four weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in each police statement made to F and E;
1. Statement prepared by G;
1. The Defendant asserts that he was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime. Thus, according to each of the above evidence, the Defendant’s argument is not accepted, in light of various circumstances such as the background and means of the instant crime, the Defendant’s behavior before and after the instant crime, and the contents of the E’s statement given by the witness, etc., even though he was aware that he had drinking alcohol at the time of committing the instant crime, it cannot be deemed that the Defendant did not have the weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime. Therefore, the Defendant
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (including the fact that there exists no history of punishment imposed by the defendant above the suspension of execution, the confession is made in substitution for the crime, the defendant has caused contingent crimes, and deposit KRW 4,50,000 for the victim, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds, etc. for mitigation of the amount of punishment);