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(영문) 인천지방법원 2020.08.19 2019고단8553

특수상해미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who collects a strike.

On June 13, 2019, at around 17:15, the Defendant attempted to inflict an injury on the victim by putting the victim a knife (25cm in total length, 13cm in length) prepared in advance at the victim B (Nam, 48 years of age) and D’s stores operated by the wife C, which was located in Bupyeong-gu Incheon Metropolitan City, on the ground that the victim was unable to have a knife, and attempted to inflict an injury on the victim by harming the victim. However, the Defendant’s failure to have an employee’s name was led to an attempted attempt by suppressing the Defendant.

Summary of Evidence

1. The defendant's partial statement B, C's investigation report on each legal statement, deadly weapons (C's assertion on the defendant and his defense counsel), CCTV image (judgment on the defendant's and his defense counsel) asserted that the defendant and his defense counsel only thought that they would find a knife in the burial with a knife under the influence of alcohol, and that the knife knife or "be killed" or "be killed."

According to the above evidence, it is recognized that the Defendant’s knife the knife in the main machine and found the knife in the store with the victim B, C, and C, who said C, immediately after the knife in the spot, had the knife knife knife knife B.

However, even if the evidence submitted in this case was integrated, it is insufficient to recognize the charge that the Defendant committed a knife to C even if it was combined with the evidence submitted in this case. It is recognized that the Defendant got the knife to the employees immediately after the Defendant put the knife to B as above.

Therefore, as seen earlier, the facts charged against the victim B are recognized, and the defendant and the defense counsel's assertion that denies the special injury against C are accepted as to the defendant and the defense counsel are judged as follows.

Application of Statutes

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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