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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of punishment 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 captain of the network B (7.93 tons in total) fishing vessel B (7.93 tons) in the south-do Eup coast, and the victim C (56 years) was a seafarer of the network D (9.77 tons in total) fishing vessel D (9.7 tons in total) of the port of the Eup in the south-do.
On July 9, 2016, the Defendant: (a) around 03:30 on July 9, 2016, at the above D's steering house at anchor in front of the early port of Geumdo, the Defendant 10 times tried the face and shoulder of the victim by breaking up to what the victim does not want under the influence of alcohol.
As a result, the Defendant suffered bodily injury, such as an internal influence, which requires treatment for about 25 days, from the victim.
Summary of Evidence
Application of the police statement statement statement C to the defendant's legal statement
1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The mitigated area (two months to one year and six months) of the mitigated area (the person who is specially mitigated) [the person who is not subject to punishment] The defendant is an unfavorable sentencing factor that the defendant seriously attempts the victim even though he had eight or more records of punishment by violence.
However, the sentencing factors favorable to the defendant's age, sex behavior, environment, circumstances before and after the crime, etc. shall be determined in consideration of the fact that the injured person does not want the punishment of the defendant, disregarding the care that the injured person does not want the punishment of the defendant, and that there are circumstances that may consider the drinking in the course of the crime.