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(영문) 제주지방법원 2020.06.10 2020고단367
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 a person who works together with the victim B (B, Vietnam, 35 years old) and ‘‘(C as a seafarer.

At around 21:00 on February 14, 2020, the Defendant inflicted an injury on the part of the victim, such as knife knife (34cm in total length, 21.5cm in length) on the part of the victim, which is a dangerous object stored in the ship in the ship in which the crew of the above ship located in Seopopo City D, who had a dispute about the way of working with the victim at the accommodation in which the crew of the said ship resides, and suffered an injury, such as knife knife, due to self-harm requiring approximately three weeks medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and B;

1. G statements;

1. The application of Acts and subordinate statutes, such as photographs of the injured party, investigation reports (the detection of the kitchen gate of the crime committed by the oil and the details of seizure), photographs of the damaged party, and diagnosis reports;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the punishment range that is recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according

3. Although the nature of the crime is not good in light of the circumstances leading to the determination of the sentence, the degree and degree of damage, the fact that the defendant acknowledges and reflects his mistake, that the victim is not subject to criminal punishment in Korea due to the agreement with the victim, that there is no record of criminal punishment in Korea, and the age, character, character, environment, means and result of the crime.

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