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(영문) 부산지방법원 2014.01.22 2012고단9628

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the defendant's crew member of the coast-driven fishing vessel C (7.93 tons) in Jindo-gun, Jindo-gun, and the victim D (ma, 27 years old) was the victim of the above vessel.

1. On August 27, 2011, the Defendant committed the crime of August 27, 2011, at around 23:00, the Defendant inflicted an injury on the part of the victim by taking the inside and outside of the body of the victim in both drinking, on the ground that, in the crew room of the instant ship, which was being administered in the inshore in the Cheongjin-gun, Incheon, Incheon, the Defendant: (a) was aware of the victim’s verbal ability while drunking the victim; and (b) the victim was unable to be able to recover the victim and the victim’s verbal ability so that the victim’s speech ability is not sufficient.

2. On September 3, 2011, the Defendant committed the crime of September 3, 201, on the deck of the instant ship, which was in operation in the inshore of the Incheon Cheongjin-gun, Incheon, the Defendant, around 14:00, inflicted an injury on the victim by assaulting the victim, who was placed in the work house of the victim, was dissatisfied with the victim’s complaint, and was sponsing the victim with the air-conditioning gear and pushed-out powder, and sponsed the victim’s sponsing sponsed by taking 2 to 3 times the sprink of the victim who continued to be sprinked, thereby causing an injury to the victim by assaulting the victim, who was in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The statement made by the police with respect to the F;

1. G statements;

1. A medical certificate for each injury (D) and a receipt for each medical fee;

1. A copy of the treatment plan, a copy of the card for medical expenses, and a copy of the card for mental health and medical expenses;

1. The receipt of the report, each service on board (A, D), and detailed information about entry into and departure from each port;

1. Application of the Acts and subordinate statutes on flapsymp photographs, flapsym photographs, flapsym pictures, and documentary evidence photographs;

1. Article 257 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations based on the sentencing criteria, the basic area of general injury: Imprisonment with prison labor for up to four months from one year and six months;

2. The defendant and his defense counsel denies the facts charged, but the victim and his defense counsel.