beta
(영문) 창원지방법원 통영지원 2019.07.16 2019고단389

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 38) are those who have been on board as seafarers of the “C” (8.55 tons) a fish-going fishing vessel at a port of loading.

Around 01:08 on February 9, 2019, the Defendant: (a) heard the victim’s speech that “I am bad, can am bad,” from the victim, “I am am sam sam sam sam sam sam sam sam sam soms?” while running the cam sam sam sam sam sam sam samsams in the near sea; (b) the Defendant am sam sam sam samsoms, where the sam soms are sam sam samsoms, and am samsoms, which are dangerous articles of plastic material on deck, and then, the Defendant continued to sam sam sam sam samsoms, and then, sam sam sam samsoms samsoms sams, and am samsam somsomsomsomsoms.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written diagnosis of injury;

1. Application of three Acts and subordinate statutes in Chapter 6 to C on-board CCTV images taken, to cover six photographs, to cover bombling photographs;

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 for discretionary mitigation;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the first type] special injury [the special person] special injury (including a serious effort to recover damage) or considerable damage (the scope of the recommended area and the scope of the recommended punishment], the special mitigation area, the range of imprisonment from two months to one year [the range of the recommended punishment corrected by the applicable sentencing], and the lowest limit of the sentencing range recommended by the sentencing guidelines from six months to one year.