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(영문) 대구지방법원 포항지원 2019.02.14 2018고합78
살인미수등
Text

A defendant shall be punished by imprisonment for eight years.

Reasons

Punishment of the crime

[criminal power] On February 1, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. in the port branch of the Daegu District Court, and the execution of the sentence was terminated on August 25, 2018.

【Criminal Facts】

1. On August 17, 2017, the Defendant, on the basis of the facts, excessively accumulated and threatened B on the parts adjacent to the body body of B, and ② C (the victim of the instant case)

(3) In the above case, C was convicted of the facts constituting the crime that "the face of B was taken over while he was deprived of the excess amount," as stated in the record of the crime. However, C appeared to have been present at the police on August 17, 2017 and stated the fact of damage.

2. On September 1, 2018, the Defendant committed the crime around 15:00 on September 1, 2018, around 15:35, 2018, under the influence of alcohol in front of the E-child care center located in North Korea-gu, Mapo-gu, Mapo-si, Mapo-si (60 years of age) on September 15:35, 2018, “A person who was under the influence of alcohol shall not be punished by imprisonment with prison labor for one year after he/she files a criminal charge.” However, the Defendant was at least three times as described in paragraph (1) for the purpose of retaliationing the victim’s statement of damage to a criminal case.

As the Defendant was controlled from the Victim F (year 63) who was in the neighborhood, he saw the Victim F to drink several times to the Victim F, and carried the Victim F by hand over the floor by keeping the Victim F's breast part, so far as it is difficult for the Victim F to do so.

Accordingly, the defendant assaulted the victim F, and assaulted the victim C with the purpose of retaliationing the victim C who stated the damage to the criminal case of the defendant.

3. On September 1, 2018, the Defendant committed the crime around September 18:20, 2018, returned home to the north-gu G and H of the port at which the Defendant’s residence on September 1, 2018, and returned home to the north-gu G and H, which were the Defendant’s residence, and the victim F, which was not good between the Defendant and the victim F, as described in paragraph 2.

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