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(영문) 창원지방법원 2020.04.07 2019고단3859

특수상해미수

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On July 4, 2019, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court on July 4, 2019 and the judgment became final and conclusive on July 12, 2019.

【Criminal Facts】

피고인은 2019. 10. 22. 저녁경 피해자 B(29세)이 SNS 페이스북에 피고인을 ‘겁쟁이’, ‘좆밥’이라고 표현하며 조롱하는 글을 남긴 것을 알고 화가 나, 피해자에게 전화하여 “한판 붙자, 신어산으로 나와라”고 하였으나 피해자가 이에 응하지 않자, 피해자가 있는 곳으로 찾아가 상해를 가할 것을 마음먹었다.

The Defendant prepared to commit an offense by wearing the back part of the blade of a food blade (30cm in length), which is a dangerous object, with blue tape, wearing a locker, and finds the victim "D" located in Kimhae-si C around 21:20 on the same day, and takes the victim's body back to the chill field of "E" in the vicinity of the dial Park, and then the victim was clicked with his own knife, and knife the knife inside the knife, and knife knife knife knife knife knife knife knife knife knif within the knife, but did not contact the wind of the victim.

In addition, the Defendant got away with the victim, "I do not know that I do not have any position in the Republic of Korea" and knife the above knife and knife.

Accordingly, the defendant tried to inflict an injury on the victim while carrying dangerous objects, but he attempted to commit an attempted crime.

Summary of Evidence

1. Court statements and statements of the accused;

1. Each prosecutor's protocol of statement concerning victims,F and G;

1. Each report, internal investigation report, investigation report and accompanying documents, photograph;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. The defendant, on the grounds of sentencing under Articles 258-2(3) and (1) and 257(1) of the Criminal Act, re-offending the same kind of violence even though he/she had committed the same offense, and in particular, suspended the execution.