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(영문) 서울북부지방법원 2020.04.22 2020고단874
특수상해미수
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

At around 21:10 on February 29, 2020, the Defendant, while drunkd with another person residing in the public notice board, attempted to threaten the victim to knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife and a knife with a knife with a knife with a knife with a knife with a knife with a knife, the Defendant attempted to knife the knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the investigation report (suspect A's model photograph), investigation report (victim D's victim's photograph), investigation report (user's blade length measurement), investigation report (C CCTV reading), investigation report (C CCTV reading), and Acts and subordinate statutes governing CCTV image verification at the time of committing the crime;

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

1. The reasons for sentencing under Articles 25(2) and 55(1)3(3) of the Criminal Act that statutory mitigation has been imposed by the Defendant, even if there are several identical kinds of violence districts, re-offending the same, and the nature of the crime is not good using a knife, and no particular measure was taken to recover from damage.

Therefore, the sentence of the defendant shall be imposed on him/her, and the punishment shall be determined as ordered in consideration of the following circumstances: the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments of this case, such as the situation that the crime himself/herself was committed against the attempted crime.

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