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(영문) 의정부지방법원 2017. 10. 24. 선고 2017고단1602 판결
[특수상해미수, 폭행][미간행]
Defendant

Defendant

Prosecutor

Oral cases (prosecutions) and a new flag (public trial)

Defense Counsel

Attorney Lee Jin-bok (Korean)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

The defendant shall be subject to probation and shall be ordered to provide community service for 120 hours.

Reasons

Punishment of the crime

1. Violence;

On December 23, 2016, at around 23:20 on December 23, 2016, the Defendant assaulted the victim, such as the victim Nonindicted 1 (the victim’s 40 years of age) and the drinking value in the “○○ Gab” located in the Gyeonggi-si ( Address omitted).

(b) An attempted special injury:

On December 23, 2016, at around 23:25, at the same place as Paragraph 1, the Defendant attempted, at around 23:25, at the same time as Paragraph 1, that Nonindicted Party 2, the owner of the business, who was dissatisfied with Nonindicted Party 1, did not take the victim’s horse, with the string string of the victim’s breath, “the victim’s breath must do so, and breathing the victim’s breath, which is a dangerous thing in the breath and in the breath of the breath, and the victim’s chest part flad with the Defendant’s hand, but the victim flading the Defendant’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of Nonindicted 2 and Nonindicted 1

1. Five photographs, on-site CCTV CDs;

1. The police seizure record and the list of seizure;

[Defendant alleged that he did not cover the face of the victim with a crocf, and that he did not want to cover the part of the victim's chest. However, in full view of each statement at the police of the victims and field CCTV CDs, the defendant could recognize the fact that the defendant covered the face of the victim with a crocf, and even though the defendant was not strong, it can be recognized that the crocf was cut down on the victim's chest, because he could be recognized the fact that the crocf was cut down only by the victim's clothes on his breast by the wind that the victim was knife with the knife with the knife with the knife with the knife)

Application of Statutes

1. Article applicable to criminal facts;

Article 258-2 (3) and (1) of the Criminal Act (the attempted special injury) and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment)

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act. Article 55(2) of the Criminal Act (Crime of Attempted Special Bodily Injury)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

The crime of this case is highly dangerous in that the defendant was in danger of being in danger of being in danger of being in danger of being in danger of being in danger, was committed four times before and after the suspension of execution, as well as before and after the crime of this case. However, even though the defendant was knife, it seems that the degree of the defendant's injury was weak, but the special injury was about to have been committed, the punishment shall be determined in consideration of the fact that the special injury was committed.

Judges Equitable

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