(영문) 제주지방법원 2019.01.14 2018고단1122

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(영문) 제주지방법원 2019.01.14 2018고단1122

특수상해미수

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 2, 2018, the Defendant: (a) was located underground in Jeju Island B on March 2, 2018; (b) on the ground that the female-friendly Gu of the Defendant living together with the Defendant did not enter the Defendant’s house on the ground that the Defendant’s female-friendly group did not enter the Defendant’s house on the first day after he told the Defendant, and (c) found the victim D (28) in the waiting room, and misunderstanding the Defendant’s female-friendly body and wind as a male with the Defendant’s wind, and thus, she should do so.” The Defendant attempted to inflict injury on the victim by putting the victim’s head, who was seated with the Defendant’s body and arms on his hand. However, the Defendant did not commit an attempted crime by leaving the victim’s body and arms.

In this regard, the Defendant carried a dangerous article for electrical work, and attempted to inflict an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to data from field CCTV photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for the sentencing of the same case are specified in consideration of all the various conditions for sentencing specified in the argument in the instant case. In particular, the following circumstances should be taken into account. The favorable circumstances: (a) reflects the intended circumstances; (b) the circumstances that are disadvantageous to the attempted crimes: (c) the form and quality of the crime are inferior; and (d) the occurrence of the victim’s head by taking the place of work

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