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(영문) 전주지방법원 군산지원 2016.06.22 2016고단343
특수상해미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2016, the Defendant: (a) recognized that, around 18:20 on March 8, 2016, at the ward B, 407-dong, 1306, the Defendant was aware of the fact that a dangerous object, might inflict an injury on the victim of the instant sub-resident, on the ground that he was under influence of alcohol and stress; (b) however, the said sub-resident was on the part of the victim C (or the 21-year old-old-old-old-old-old-old-si) who was walkinged as a small road within the 407 East-do-do-do-do-si, North Korea-do-do-do-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each statute on photographs;

1. Articles 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of a recommendation] general injury (the scope of a recommendation] where an intentional injury is committed in the basic area (4 months to one year and six months) (special mitigation) / Where an intentional injury was committed through the threat of collective organizations or multiple groups, or where a person committed a crime by carrying a deadly weapon or other dangerous articles (excluding cases where a group of habitual injury, repeated crime, and special injury was applied on February 2), and where the sentencing guidelines for special injury under Article 258-2 of the Criminal Act are not prepared, thereby putting the lowest limit only on the grounds that the defendant was committed against his/her mistake (the decision of sentencing], the fact that the defendant committed an attempted injury, and all other circumstances, which form the conditions for sentencing, such as the defendant's age, sex, environment, etc., shall be determined as the disposition of the order.

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