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(영문) 창원지방법원 통영지원 2016.10.28 2016고단526
특수상해등
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant and the victim B(48 years of age) and the victim C(35 years of age) have worked as the crew of the Incheon Coast Guard D(24 tons of an inshore fishing vessel).

At around 20:00 on November 19, 201, the Defendant used food blades (total length: 32 cm) that are dangerous articles kept in the ship kitchen while being kept in the crew room of the above ship, and used them as food blades (total length: 32 cm) to the victim, and used them as food twice the victim’s face part, and used them to control the victim C.

As a result, the Defendant, carrying dangerous things, assaulted the victim B, and brought the victim C a self-concept of the left hand where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on photographs and blades related to the assault case;

1. Article 258-2 (1), Articles 257 (1) and 261 and 260 (1) of the Criminal Act concerning facts constituting an offense, the relevant provision of the Criminal Act, the choice of punishment, and Articles 258-2 (1), 257 (1) of the Criminal Act (the occupation of assault to carry dangerous articles, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (a favorable circumstances such as the victim’s agreement with the victim B that the victim was unable to punish the defendant, the degree of damage is minor, the victim was punished for the same crime between the last ten years or has no criminal record of suspension of execution or the fact that the defendant is committed against him

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