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(영문) 의정부지방법원 2018.10.12 2018고단3065

도주미수

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 27, 2017, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Jung-gu District Court Goyang Branch of the High Court on June 28, 2018, and the judgment became final and conclusive on June 28, 2018, and was sentenced and conclusive on July 2, 2018, the Defendant escaped temporarily in the process of inspecting the case from the second floor and reading and taking back to the court room, while moving to the court room, while the Defendant escaped temporarily in the process of reducing the lines connected with other prisoners during the course of reading the case from the second floor and reading and taking back the case, the Defendant did not put the police officers and the members of the Cheong-gu District Court Security Management Members of the High Court who were 4 new Sub-section 4 in front of the above court, and did not commit such attempted crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect partially against the defendant;

1. Each police statement protocol against W, X,Y, Z, AA, AB, and AC;

1. Written statements of Y, AD, W, X preparation;

1. A criminal investigation report (attaching photographs of a place of escape);

1. A criminal investigation report (on-site drawings);

1. Application of Acts and subordinate statutes to investigation reports (the existence of a final judgment);

1. Determination as to the assertion by the defendant and his defense counsel under Articles 149 and 145 (1) of the Criminal Act concerning the crime

1. Summary of the assertion

A. Since the Defendant, as stated in the facts charged, discontinued the escape to a person who had escaped, the instant facts charged constitute an attempted abandonment.

B. At the time of committing the instant crime, the Defendant was physically and mentally weak by taking an anti-competence, such as depression and apprehension, etc.

2. Determination

A. 1 Determination on the assertion of attempted suspension is based on the circumstance that the commission of a crime was commenced before the crime was completed, and the suspension was not caused by the circumstances that interfered with the completion of the crime in light of the general social norms. However, if the crime was committed due to the circumstances that interfered with the completion of the crime in light of the general social norms, it constitutes an attempted suspension.