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(영문) 의정부지방법원 고양지원 2021.03.31 2020고단2772
특수상해미수
Text

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

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

Reasons

Punishment of the crime

On July 21, 2020, the Defendant: (a) stated that the Defendant would pay money from the victim D (the remaining and the aged 50) on the front of the head office of the head office of the Seoyang-gu Crup, Seoyang-gu, Seoyang-gu; (b) on July 21, 2020, the Defendant would die because the period of suspension of execution has expired; and (c) there are many extensions in the house.

“D.” The Defendant’s house, knife a knife (22 cm in total length, 12 cm in length) which is a dangerous object due to the Defendant’s house, concealed the knife in shopping bags, and the victim gets off the knife in hand with the knife of the knife and shopping bags.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. To make inquiries about D such as criminal history in the police statement protocol, and each description of the judgment;

1. Each video of 19 pages of CCTV 19 [the defendant and his defense counsel will die because the defendant has completed the period of suspended execution, and it has many extensions in the house.]

“There is no accusation,” and partially denies the facts charged.

However, on December 19, 2017, the defendant was sentenced to a suspended sentence of 6 months for a special injury by this court, and the above judgment becomes final and conclusive around that time. If the defendant did not take part in the talk about the suspended sentence at the time of committing the crime, the victim did not know such fact, and the defendant was punished in the house due to monetary problem with the victim, and the victim was knife at the house. The victim was scknife against the defendant's losses in preparation for the extension of the term "extension", and the victim was found to have knife the knife of the defendant's knife at the CCTV image, and the victim's statement can be sufficiently recognized in lieu of the victim's statement.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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