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(영문) 인천지방법원 2018.01.25 2017고단8797

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a seafarer of Jung-gu Incheon Metropolitan City, Jung-gu, a shipper B ( coast transit, 7.93 tons).

On November 10, 2017, at around 11:00, the Defendant took a bath between the restaurant and the steering house of the above vessel, which was in operation at the sea of approximately 2 e-day, Jung-gu Incheon, Jung-gu, Incheon, and caused injury, such as escape, to the victim C, who was the captain and the steering house of the above vessel, and was under physical fighting, on the top of the body, under the victim's left-hand shoulder, the body knife knife, which was on the floor of the upper knife (the total length of 30cc, the knife, 19cm).

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. The second police statement protocol against C;

1. A protocol of seizure and a list of seizure;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason and circumstances for sentencing under Article 62(1) of the Criminal Act (amended by Act and subordinate statutes, the reason and circumstances for sentencing are not applicable) 【The reason and circumstances of contingent physical fighting.” The treatment in society is deemed appropriate in light of the circumstances of the case that the victim went beyond together with the Defendant, the circumstances of carrying the knife for work, the circumstances of carrying the knife, the victim’s non-existence of punishment

However, in consideration of the standards, etc. for handling foreign crimes, incidental measures related to domestic protection observation centers shall not be concurrently imposed.

【Determination of sentence】 Determination of imprisonment with prison labor for not more than six months within the scope of the sentence to be mitigated, shall be determined, and the execution thereof shall be suspended for a period of one year.