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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단흉기등폭행)(인정된 죄명 특수폭행) 피고인은 2011. 4. 하순경 중화인민공화국 청도시 청양구에 있는 D 노래방에서 동생인 피해자 E(37세)와 함께 술을 마시다가, 피해자가 사망한 아버지의 재산을 분할해 달라고 요구하자 화가 나, 그곳에 있던 맥주병을 피해자 쪽으로 집어던져 위 맥주병이 바닥에 부딪혀 깨지면서 튄 파편이 피해자의 허벅지에 맞도록 하였다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Around 10:30 on March 26, 2012, the Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) was operated by the Defendant in the Cheonggu City F of the People's Republic of China. The victim mentioned in the preceding paragraph was defective that “the victim is a company in the name of the mother of his father’s property, not a company to perform his work, but a deceased father’s property is in the name of the mother.” However, the victim’s back head was turned back one time from the back of the victim’s back, which is a dangerous object on his/her office’s book.

Accordingly, the defendant carried dangerous objects and laid the victim's unclaimed days of treatment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes, such as the scene of damage and photographs of damaged parts;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous articles and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentencing under Article 62(1) of the Criminal Act is as follows.