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(영문) 부산지방법원 동부지원 2017.09.13 2017고단1564

특수상해미수등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 18, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in Busan District Court's Dong Branch branch on August 18, 2015 and was sentenced to a two-year suspended sentence for the same month on the 26th of the same month.

The defendant and the victim E ( South, 32 years old) are between the dong Neline.

1. On September 6, 2015, at around 07:40, the injured Defendant was injured on the street in front of the “G Mart” located in the Busan Southern-gu, Busan-gu, where the injured person who was under drinking alcohol with the injured when he was the Defendant, when he was frighted, when he was taken the victim’s face, when he was taken back, and the face of the injured person who was frighted into the face of the injured person, and suffered injury, such as a felke, in which the victim’s face cannot be identified.

2. The Defendant attempted to inflict an injury upon the victim’s head, which was continuously used at the time and place specified in the preceding paragraph, by putting about two meters of the victim’s head, leading about about two meters, and putting the victim’s head into a concrete brick, which is a dangerous object located in the place, and intending to inflict an injury upon the victim. However, the Defendant intending to inflict an injury upon the neighbors by sprinking the victim.

Accordingly, the defendant carried a concrete brick, which is a dangerous thing, and tried to inflict an injury on the above victim, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office against H and I, and a protocol concerning the examination of suspects of the police;

1. A report on occurrence of crime, photographs of the victim's body, and output of the scene of crime;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (the date of confirmation of criminal history of the same suspended sentence of imprisonment);

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense; Article 258-2(3) and (1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Articles 257(1) and 257(1) of the Criminal Act; Articles of imprisonment with labor

1. Reasons for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] general injury.