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(영문) 광주지방법원 목포지원 2020.01.21 2019고단362

폭행치상

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware of the victim D (the age of 54) who is a seafarer of the same ship while boarding the ship, which is a captain of the ship, in the Yanannam-gun B.

On February 7, 2019, the Defendant, at around 21:01, was assaulted by the C seafarers’ bed, at the C seafarers’ bed in front of the air route of the Sinan-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul-do, by assaulting the victim, such as the victim’s knife at hand when the victim took a bath while drinking, and the victim’s face part and the side gate are taken over, and suffered bodily injury, such as the bed and the bed of the inner walls, which require approximately three weeks of treatment.

Accordingly, the Defendant inflicted an injury upon the victim by assaulting him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

1. Relevant Article 262 of the Criminal Act, Articles 262 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of punishment] according to the recommended punishment [the category 2] the injury by assault (including a person who has made a special appearance], the element of mitigation of punishment (including a serious effort for recovery of damage) or considerable damage], and the area of mitigation of punishment (the scope of the recommended area and the recommended punishment], and February through June;

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (including the fact that the sentence is repeated, the amount of damage to the victim is compensated, and the case that the full agreement is reached);