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(영문) 제주지방법원 2018.09.10 2017고단3316
상해등
Text

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

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

Reasons

Punishment of the crime

1. On May 7, 2017, the injured Defendant, as a C seafarer, suffered injury, such as the victim F (40 years old) who was the captain of the said C C at the “E cafeteria located in Seopopo City D” restaurant on May 7, 2017, and caused injury to the victim by drinking up two times, including the victim’s face face.

2. A special intimidation Defendant, at the time and place set forth in paragraph 1, has inflicted an injury on the Victim F (40 Does) as stated in paragraph 1, and continued to surrender “the victim” without giving rise to such injury.

“In the end, the victim threatened with beer disease, which is a dangerous object that had been placed in his/her place, by putting him/her on his/her hand, and by threatening him/her as a brut.

Accordingly, the defendant carried a shoulderer disease, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Articles 284 and 283(1) of the Criminal Act;

1. Selection of each sentence of imprisonment with prison labor (to be taken into account that the degree of injury is severe and that there are many records of violent punishment);

1. The crime of special intimidation that threatens a beer disease and the crime of bodily injury caused by drinking is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act;

[H]

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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