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(영문) 광주지방법원 순천지원 2018.07.06 2018고단761
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is deaf-mutes.

The defendant and the victim C (China's nationality, 43 years old) are those who are on board as seafarers of D (89 tons) of offshore grack net fishing vessels in the south of the world, and the defendant is in charge of kitchen affairs.

At around 19:30 on January 29, 2018, the Defendant: (a) filed crypians and Chinese seafarers, including the victim, at the D's bend at the D's bend in the port of the Republic of Korea; (b) made cryp of cryp to the victim; (c) made cryp to the victim; and (d) made cryp to the victim; and (d) made cryp to the victim; (c) made cryp to the victim, the victim was cryp to the Defendant’s cryp (15 centimeters in length) while keeping the Defendant’s cry, and the victim’s left chest was fyp to the victim once, and caused the victim’s injury, such as open cryp to the outer plele that requires approximately four weeks medical treatment.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, C, and F;

1. G statements;

1. Report on investigation (with regard to the verification of the location of storage of any deadly weapon);

1. Detailed information and ship documents on the D entry into and departure from ports;

1. A medical certificate;

1. A Application of Acts and subordinate statutes to cover special injuries (A) in the field of the case;

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

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. The grounds for sentencing under the main sentence of Article 62(1) of the Criminal Act, as well as the age, family environment, motive and circumstances of the crime, relationship with the victim, and circumstances after the crime, shall be determined as the disposition, taking into account the following circumstances.

The circumstances disadvantageous to the defendant: Considering the fact that the defendant has a force of violence, the risk of committing the crime of this case is high, the degree of injury the defendant inflicted on the victim is heavy, etc., the defendant has a hearing impairment, the defendant reflects the mistake, and the victim is a victim.

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