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(영문) 대구지방법원 포항지원 2020.02.05 2019고단989

상해

Text

Defendant

A shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence against Defendant A.

Reasons

The defendant is the captain of C(29 tons), who is a fishing vessel that has been loaded through the ship at the time of through operation, and the victim B is the seafarer of the above C.

On October 5, 2018, at the steering house of the above C, which was anchored at the port located in Ulleung-gun, U.S. around 20:0, the Defendant 2018, while drinking alcohol with the victim as a wage payment issue, brought about disputes with the victim, the Defendant continued to bread the victim's face, chest part, etc. with the victim's body with his/her body, and bread with his/her son and her flap with the victim.

As a result, the Defendant inflicted an injury on the victim, such as cutting a peltos that need to be treated for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to B, D, and E;

1. A complaint;

1. A medical certificate of injury, or photograph of injured part;

1. Application of Acts and subordinate statutes to C on-site exploration photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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 recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment]: Reduction elements: Reduction areas of punishment (the area of recommendation and recommendation range], reduction areas of punishment and reduction of punishment range, and February through October.

3. In light of the fact that the defendant was punished for the same kind of crime, the defendant committed the crime in this case during the period of probation, the degree of injury is disadvantageously unfavorable, the defendant recognized the facts of crime in this court, the defendant agreed with the victim, the records of the above probation are not the same kind of force, and the defendant's age, character and behavior, motive for the crime, and circumstances after the crime are considered as of the date of the sentence, and other circumstances shown in the arguments in this case, such as the defendant's age, character and behavior, motive for the crime, and circumstances after the crime.