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(영문) 서울남부지방법원 2014.10.02 2014고단3064
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant: (a) around 10:45, the victim E (the age of 44) who was on the side of Seongdong-gu Seoul Metropolitan Government and the 1st floor D had been instructed to complete the cryp work that had been done three days prior to the factory site should take precedence over the work that was directed by the factory site; (b) and (c) caused the victim’s head one time with the head of the victim’s head using the stroke pipe ( approximately 85cm in length) which is a dangerous object in the above plant, and caused the victim’s death twice by the victim’s death.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 Act of the suspended sentence [Scope of recommending punishment] Where the area to be mitigated (one year and six months to two months), the area to be mitigated (including specially mitigated persons), the area to be mitigated (one year and six months to six months), the area to be mitigated (including advanced efforts to recover damage), or considerable damage has been recovered (a decision to punish a sentence] one year and six months, and two years of suspended sentence (two years of suspended sentence to be considered in light of the risk of the Act on the Punishment of Crimes, taking into account the circumstances favorable to the agreement with the victim)

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