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(영문) 전주지방법원 군산지원 2015.12.07 2015고단977
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a C seafarer, was not suitable for the victim D (year 46) who is the same crew member.

On August 24, 2015, the Defendant: (a) around 05:00, at the crew accommodation located in the Gunsan-si E building 301 on August 24, 2015, filed a dispute with the victim for the reason that the victim was unable to sleep by putting the television; (b) the victim was able to take the face of the victim once a week; (c) the victim’s face and body can be taken by drinking, and the victim’s face and body can be taken by drinking; and (d) the victim resists the victim, which is a dangerous thing in the kitchen, and the part of the victim and the part of the part of the victim, which was a part of the kitchen, are fiff, so that the victim cannot know of the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each photograph (14 pages of investigation records);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an agreement is made with the victim and that there is no same criminal record);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

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