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(영문) 수원지방법원 안양지원 2018.02.20 2018고단12
특수상해미수
Text

A defendant shall be punished by imprisonment for one year.

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 October 26, 2017, the Defendant: (a) at the outdoor shelter of the soup room of “D” located in the Gu C and 10 stories during the Ansan-si around 18:23 on October 26, 2017; (b) however, the Defendant was aware that there may be big differences in cases where a person shocks the objects away from the above building on two occasions; (c) he was taken up a stone, which is a dangerous object in the chemical part of the site, and then was collected from approximately 13:14 cm in diameter, and approximately 1k cm in weight, which is a victim E (70 cm), a parking management personnel, and was laid down on the road below the soup room, but the above stone was not left back by the victim, and the intention was not realized.

Thus, although the defendant tried to inflict an injury on the victim by carrying dangerous articles, he did not bring an injury to the victim but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating part of the protocol (two times) concerning the examination of the suspect against the defendant by the prosecution;

1. E statements;

1. The application of Acts and subordinate statutes of the crime tool photographs, each on-site photo (the net 7,13) and CCTV photographs (the net 9);

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation - favorable circumstances: The fact that the instant crime was committed committed with the attempted crime, and the fact that the commission of the instant crime appears to have been committed with willful negligence; unfavorable circumstances: the Defendant has the record of having been punished for the same crime, such as suspension of execution due to a violation of the Punishment of Violences, etc. Act in 2009; a fine due to a violation of duties in 2015; and a fine due to a violation of the Punishment of Violences, etc. Act in 2017;

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