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(영문) 부산지방법원 2018.04.26 2017고단4328
특수상해
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A defendant shall be punished by imprisonment for not less than one year and six 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 person who served as a mate of B (139 tons) (139 tons), a two-boatd fishing vessel in Gyeongcheon-nam, and the victim C (58 years) is a person who served as the captain of the above fishing vessel.

Around 18:30 on April 25, 2017, the Defendant: (a) on board the above fishing vessel and was on the sea near the 3 math day of the Tong-gu Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-do.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to C;

1. A written statement of C and D;

1. Photographs (a evidence of violence on the ship);

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. Grounds for the suspended sentence under Article 62(1) of the Criminal Act (the following factors are repeated as stated in the grounds for sentencing)

1. Where the mitigation area (one year and six months from June to two years), the mitigation area (including special mitigation persons), the punishment non-members (including serious efforts to recover damage), or considerable damage has been restored to one category (including habitual injury, repeated injury, and special injury) of habitual injury, and special injury caused by repeated injury;

2. The defendant's decision of sentencing has been punished for a number of crimes of the same kind, but the defendant has been punished for a number of crimes of the same kind.

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