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(영문) 서울서부지방법원 2015.06.10 2015고단842
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant works at the same construction site as the victim B (the age of 46).

On December 2, 2014, the Defendant, around 16:00 on December 16, 2014, at the 7th underground floor of Mapo-gu Seoul Metropolitan Government D Corporation located in Mapo-gu, followed the victim’s head by breaking the steel bars in the shape of the Gu, and 45 meters in length.

Accordingly, the defendant carried dangerous objects with the victim and carried up two frameworks requiring medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of B and E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1448, Apr. 21, 201; 201Do1348, Apr. 2,

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the same extenuating circumstances) of the Suspension of Execution [Scope of the punishment recommended] Type I (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) of the Criminal Act;

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