폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a Chinese seafarer of the inshore fishing vessel C, the inshore fishing vessel C, and the victim D(56) is the above C's cooking room, victim E(E, one name F, 34 years old) is the Chinese seafarer of the above C.
On December 11, 2013, at around 08:20, the Defendant: (a) was sailing at the sea, approximately 36 m36 miles-dong defense-dong, Ulsan-dong defense-dong, Ulsan-gu, U.S.A. on the sea; (b) while the Defendant was living in the state of disregarding the Defendant, the Defendant used the kitchen gate, the victim D is followed, and the Defendant took a hack pipe (40cm in length) that is a dangerous object in the remainder of the knife; and (c) took a hack pipe toward the victim D, the hack (18cm in length) that is a dangerous object in the victim D’s place, and hack the victim D’s head to the victim D, thereby getting off the victim D’s entrance that requires medical treatment for 14 days.
The Defendant continued to use a net for 35 cm in length, which is a dangerous object in the place, and tried to go to the victim E, and had observed this to the victim E, and caused the victim E to suffer bodily injury, such as 14 days in need of medical treatment by putting the head of the victim E twice due to the net for melting the above melting.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related to F, D, and G;
1. A H statement;
1. Each injury diagnosis certificate and opinion;
1. The actual condition survey report;
1. Police seizure records;
1. The application of Acts and subordinate statutes in response to requests for investigation cooperation;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 257 (1) 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, the defendant's defense counsel also asserts mitigation of mental and physical disability. However, the defendant's circumstances shown in the records and arguments of this case, the means and methods of committing the crime, and the circumstances after committing the crime.