beta
(영문) 대전지방법원 2017.12.15 2017고단4029

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a seafarer of a fishing vessel “B (15 tons)”.

On July 20, 2017, the Defendant “C (51 years old) and the Defendant under the influence of alcohol, who is the same seafarer in the crew room of the instant fishing vessel, located in the port of massagedo located in the territorial sea of the Young-do, Nam-do, Young-do.

The death shall be discarded, the crew room, and shall be abandoned.

In doing the expression of "Chewing, Chewing", the victim's face face was 2 times by hand, and one glass disease, which is a dangerous object, was collected at one time, and the victim's hair was injured by an open body in the part of the two-day open terminal, the mouth, and the oral obscure contents of the mouth that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of amnesty against C;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (which shows the color of the defendant to reflect on the background leading up to this case) of the mitigated amount of punishment (which means that the injured person attempted to do so in light of the circumstances leading to this case;

and the circumstances agreed with the victim are considered.

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (it takes into account the same circumstances as those considered in mitigation of the above amount).