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(영문) 부산지방법원 2016.12.23 2016고단7025
특수상해미수
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who is living in the C Station without a certain occupation.

At around 21:45 on November 7, 2016, the Defendant sought to inflict an injury on the victim by exposing the transition ( approximately 19cm in total length, approximately 9cm in knife) at a large room of the C basin in Busan Dong-gu, Busan, about 3:00, the Defendant brought an dispute with the victim E (the age of 49) who is satis in relation to the dumping of cigarette but faces a drinking face from the victim, and attempted to inflict an injury on the part of the victim, which is a dangerous thing in his/her possession ( approximately 19cm in total length, about 9cm in knife length). However, the Defendant was able to tear only the part of the part on the left side of the victim as he/she was fatd with the flick spread of the victim.

Thus, the defendant was trying to injure the victim by carrying dangerous articles, but did not bring about such intention but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of suspect suspect E by the prosecution, and F statement;

1. A report on investigation (referring to the background of autopsy, relation to damaged parts, and photograph of seized objects);

1. Place of crime and photographs related to witness to crime;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce amount of punishment (including the fact that an offender commits an attempted crime and the fact that he/she commits such crime is committed);

1. The sentence of imprisonment shall be imposed in light of the following: (a) the purpose of sentencing under Article 48(1)1 of the Criminal Act, including: (b) the purpose of the instant crime is to inflict bodily injury on the victim by using excessive quantity, which is a dangerous thing at a public place; and (c) the victim wants to punish the defendant;

Provided, That the punishment shall be determined by taking into consideration all the circumstances, such as the time to commit a crime, the fact that the defendant attempted to commit a crime, the age, environment, health, the records of the defendant's crime, etc.

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