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(영문) 인천지방법원 2020.12.10 2020고단9175
특수상해미수
Text

A defendant shall be punished by imprisonment for six months.

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 ( South, 22 years old) are related to human relations.

On August 13, 2020, at the defendant's house located in Bupyeong-gu Incheon Metropolitan Government C building D, the defendant tried to inflict bodily injury on the victim by using the kitchen knife ( approximately 20cm in blade and approximately 10cm in blade length) which is a dangerous object in which the victim tried to take a house by saving the body of the victim, while she had a horse dispute with the victim, and then tried to inflict bodily injury on the part of the victim on two occasions. However, the victim attempted to take a wind to prevent the knife of the knife.

Accordingly, the defendant carried a kitchen, which is a dangerous thing, and tried to inflict an injury on the victim, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on seizure and list of victims of the police statement concerning B;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six months to five years; and

2. The sentencing criteria shall not apply to an attempted crime, since the scope of recommending punishment according to the sentencing criteria is attempted.

3. The crime of this case by which the defendant tried to inflict two times the clothes of a person involved in the instant case with the kitchen knife, which is a dangerous thing by the defendant, but the attempted crime is serious in light of the content of the crime, and there is no way to commit the crime, and there is a high risk of such danger, etc., which are disadvantageous to the defendant.

However, the defendant's confession of the crime of this case reflects the mistake, the defendant seems to have committed a crime somewhat contingently, the victim does not want punishment against the defendant, and the defendant is the defendant.

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