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(영문) 의정부지방법원 2020.11.13 2020고단3278
특수상해미수
Text

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

The defendant and the victim B (B, Bangladesh's nationality, south, 30 years old) are between the workplace fellows serving together in C.

The Defendant, at around 10:30 on May 31, 2020, tried to inflict bodily injury on the victim by taking over excessive points, which are dangerous objects of the victim’s money, on the ground that the victim was aware of the business owner, on the ground that the Defendant, in the C Screening room located in Gyeonggi-gun D, Gyeonggi-do, 2020. However, the Defendant failed to remove the victim from those in the surrounding areas, to tear the victim’s will.

Accordingly, the defendant carried dangerous things and attempted to inflict an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes of photographed photograph of the suspect A knife, photographed photograph of the suspect, and teared knife of the victim to the knife;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the crime of this case where the Defendant, even though there are many criminal records of the same kind of crime, carried them over to the excessive amount of dangerous objects, and committed the crime of this case where the victim’s clothes are teared, etc., and the Defendant actually committed a very rough and dangerous situation, and it is inevitable to punish the Defendant because it did not reach an agreement.

However, it is recognized that there are more favorable circumstances, such as the fact that the Defendant has led to the instant crime, while having been sentenced to a minor fine in a relatively recent year, and the fact that the instant crime was not committed by the attempted crime, etc., and there are some circumstances to consider the developments leading to the occurrence of the instant case. In addition, the Defendant’s age and age are the same.

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